La. Stat. tit. 33 § 4712.9

Current with operative changes from the 2024 Third Special Legislative Session

Section 33:4712.9 - Transfer of property by city of Westlake authorized

(1) The city of Westlake is the owner of the property described in Subsection B of this Section, having acquired the property for the public purposes of constructing a golf course, walking paths, driving range and other recreational needs. The city shall further develop the property for recreational and residential needs to promote the economic development of the municipality.

(2) Notwithstanding the provisions of R.S. 33:4712, the city of Westlake is authorized to sell, lease or otherwise dispose of that portion of the property described in Subsection B of this Section, in the manner provided for in this Section, that is determined to be no longer needed for public purposes by the governing authority of the city of Westlake.

B. The city of Westlake may transfer the following described property in accordance with the provisions of this Section:

That certain tract or parcel of land lying in Sections 14, 15, 22, and 23, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana being more particularly described as follows to wit:

Section 14

The Northwest Quarter (N/W4), the Southwest Quarter of the Southwest Quarter (SW/4-SW/4), the Northwest Quarter of the Southwest Quarter (NW/4-SW/4) and the Northeast Quarter of the Southwest Quarter (N/E4-SW/4) of Section 14, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana; Less and Except the following described tracts of land:

A) Beginning at a point of 40.0 feet West and 1043.6 feet North of the Southeast corner of the Northeast Quarter of the Southwest Quarter (NE/4-SW/4) of Section 14, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana, said point being the Northeast corner of the ten acre tract previously conveyed by Act of Exchange at File Number 1517841, records of Calcasieu Parish, Louisiana; Thence North 89° 07' 19" West 417.4 feet; Thence North 00° 49' 26" East 2087.2 feet; Thence South 89° 07' 19" East 417.4 feet to a point 40 feet West of the East line of the Northwest Quarter (NW/4) of said Section 14; Thence South 00° 49' 26" West 2087.2 feet to the point of beginning.

B) Beginning at a point of 40 feet West of the Southeast corner of the Northeast Quarter of the Southwest Quarter (NE/4-SW/4) of Section 14, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana; Thence North 89° 07' 19" East 417.4 feet; Thence North 00° 49' 26" 1043.60 feet; Thence South 89° 07' 19" East 417/4 feet to a point 40 feet West of the East line of said Northeast Quarter of the Southwest Quarter (NE/4-SW/4); Thence South 00° 49' 26" West 1043.60 feet to the point of beginning.

Section 15

The Southeast Quarter (SE/4) of Section 15, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana;

Section 22.

The North Half of the Northeast Quarter (N/2-NE/4) of Section 22, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana;

Section 23

The North Half of the Northwest Quarter (N/2-SW/4) and the West 550.00 feet of the South Half of the Northwest Quarter (S/2-NW/4) of Section 23, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana; Less and Except that tract of land described as Beginning at the Southeast corner of the North Half of the Northwest Quarter N/2-NW/4) of Section 23, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana; Thence North 89° 20' 09" West, along the South line of said North Half of the Northwest Quarter (N/2-NW/4), for a distance of 2125.05 feet to a point lying 550.0 feet East of the West line of said North Half of the Northwest Quarter (N/2-NW/4); Thence North 00° 48' 11" East for a distance of 67.9 feet; Thence South 89° 20' 09" East, 67.9 feet North of and parallel with the South line of said North Half of the Northwest Quarter (N/2-NW/4), for a distance of 2125.02 feet to the East line of said North Half of the Northwest Quarter (N/2-NW/4); Thence South 00° 46' 50" West, along said East line for a distance of 67.9 feet to the point of beginning.

Herein described tract is subject to public road rights-of-way on the North, East, South and West sides thereof;

Herein described tract containing 599.11 acres, more or less.

(1) The governing authority of the city of Westlake is authorized to establish a board which shall be known as the "Westlake Real Estate Board" hereinafter referred to as the "board" which shall be composed as follows:

(a) Five members shall be appointed by the mayor of the city of Westlake, subject to confirmation by a majority vote of the city council.

(b) The mayor shall serve as an ex officio, nonvoting member of the board.

(2) Each member appointed to the board shall be a citizen of the United States, a domiciliary of and a qualified voter in the city of Westlake for at least one year preceding the date of appointment, and shall remain a domiciliary of and a qualified voter in the city of Westlake during the entirety of the term of appointment.

(3)

(a) The initial appointees shall draw lots to determine their terms of office. Three shall be appointed for a term of four years and two shall be appointed for a term of two years.

(b) The board members thereafter appointed at the expiration of the respective terms of the initial appointees shall be appointed in the manner of the original appointment and shall serve terms of four years. No board member, however, may serve for more than two consecutive terms.

(4) Any member who misses fifty percent of the board's meetings, regular and special, in any calendar year shall be deemed to have vacated his position and removed automatically from the board as of the first day of the next calendar month after the vacancy. Any such vacated position shall be filled in the manner of the original appointment for the balance of the vacated term, subject to confirmation by a majority vote of the city council.

(5) Any vacancy in the membership of the board occurring by reason of the expiration of the term of office, death, resignation, disqualification, or otherwise shall be filled in the manner of the original appointment subject to confirmation by a majority vote of the city council within sixty days after receipt of written notification of the vacancy. In the event the mayor and city council fail to fill the vacancy within sixty days after receipt of written notification of the vacancy, the remaining members of the board shall appoint an interim successor to serve on the board until the position is filled.

(6) Members of the board shall serve without compensation. The board may reimburse any member for expenses actually incurred with the authorization of the board in the performance of duties on behalf of the board. Such reimbursement of expenses shall be subject to approval of a majority vote of the city council and shall be paid from the general funds of the municipality.

(7) The board is authorized to adopt rules and regulations consistent with the authority granted herein.

(8) The board shall elect yearly, from its number, a chairman, vice chairman, secretary and treasurer and shall establish their duties as may be regulated by rules adopted by the board. The offices of secretary and treasurer may be held by the same person.

(9) The board shall meet in regular session at least once each quarter and also shall meet in special session as convened by the chairman or upon written notice of three members. A majority of the board members, not including vacancies, shall constitute a quorum. All actions of the board shall be approved by affirmative vote of a majority of the members present and voting. However, no action of the board shall be authorized on the following matters unless approved by a majority of the total board membership:

(a) Adoption of rules and regulations for conduct of the board's business.

(b) Establishment of building or subdivision restrictions.

(c) Sale, transference or conveyance of any property.

(d) Approval of any special or general conditions of a sale, transfer or conveyance of property.

(10) Vote by proxy shall not be permitted. Any member may request a recorded vote on any resolution or action of the board.

(11) The board shall cause minutes and a record to be kept of all proceedings.

D. The board shall be charged with the following preliminary development duties:

(1) The board shall formulate a development plan or plans providing for the sale of lots or parcels of land and submit such plan or plans to the city council for review and approval. The board shall formulate a program or programs to implement any development plan for approval by the city council. Such a program shall implement the various plans in such a manner as to aid and encourage private development of the area, to enhance and improve residential neighborhoods and to promote and coordinate public development. In formulating such program, the board may conduct studies and may consult with all departments of the city of Westlake and other public or private agencies concerned with matters affecting or affected by the program. The development plan shall provide a legal description of the property, subdivision descriptions, subdivision restrictions, appraised value of each tract or parcel of property, general conditions and terms of how each tract or parcel is to be sold, proposed real estate agents, appraisers, title companies, methods of solicitation for sales, realtors' commissions to be paid, and procedures for sale of each tract or parcel to be sold.

(2) In formulating the development plan, the board shall obtain the services of a Louisiana-licensed real estate appraiser for the purposes of having the market value of each lot or parcel of land appraised. The formulated plan or plans submitted to the city council for approval shall provide the appraised value and asking price for each lot or parcel of land. The board shall not recommend the sale of any lot or parcel of land which has not been appraised and a written appraisal provided to the board.

(1) The city council shall review and consider any proposed development program submitted to it by the board and shall adopt or reject such proposal by a majority vote of its members. If the city council rejects the proposed development plan, it shall notify the board of its action, and the board may again prepare and submit its recommendations to the city council in accordance with the procedures provided herein. If the city council rejects a development plan, it may submit to the board an alternative plan of its own making. When the city council adopts a development plan, it shall become final and conclusive. The city council may only amend the development program by a majority vote of its members.

(2) Each proposal submitted shall set forth the projects recommended, the estimated cost thereof, recommendations for funding, and such other information as is required by this Section or by the city council.

(3) After approval of the development plan, the board may then implement any portion thereof in such a manner as the board deems most likely to accomplish the program. To that end, the board may employ engineers, architects, attorneys and other professionals necessary for the development plan.

(4) The resolution of the city council approving the development plan shall be filed in the Calcasieu Parish conveyance records.

F. After approval of the development plan and recordation of the resolution, the board is hereby granted, and shall have and may exercise all powers necessary or convenient for the carrying out of its objectives and purposes, including but not limited to the following:

(1) To advertise for the sale of the properties.

(2) To contract with one or more real estate agents for the purposes of assisting in the sale of the properties.

(3) To contract with title companies to provide title insurance for the properties.

(4) To sell, transfer, or convey to private persons or corporations any property or portion of property described in Subsection B provided that the sale, transfer, or conveyance of this property is for at least the appraised value. Any such sale, transfer, or conveyance shall provide for a fair and equitable return to the municipality.

(5) To convey to the United States, the state, or to any political subdivision of the state, any land, property, right-of-way, easement, servitude, or other thing of value, which the city of Westlake may own, for use by said governmental entity to accomplish the objectives and purposes of the board.

(6) To plan, develop, regulate, operate, and maintain activities and planned land uses to foster creation of new jobs, economic development, industry, health care, commerce, manufacturing, tourism, relocation of people and businesses to the area, aviation, military, warehousing, transportation, offices, recreation, housing development, and conservation.

G. The following procedure shall be utilized for the sale of lots, parcels or tracts of property.

(1) The prospective purchaser, individually or through a real estate agent, shall submit a written offer to purchase a lot or parcel of property to the board. The board shall review the offer to determine whether the requirements of the sale can be accomplished. The offer to purchase shall be accompanied by a deposit of ten percent of the proposed purchase price which shall be credited against the sales price.

(2) The board shall determine whether the offer meets with the requirements of the development plan as approved by the city council. If the offer does not comply with the terms of the development plan, the board shall return to the potential buyer the deposit together with written reasons as to why the offer does not comply with formulated development plans.

(3) If the board determines the offer does meet the requirements of the development plan, the board shall pass a resolution authorizing the mayor of the city of Westlake to execute a deed transferring the property to the proposed purchaser upon the payment of the agreed sales price less appropriate deductions for the cost of the sale. The resolution shall recite that the board has reviewed the proposed sale and the terms and conditions of the sale comply with the development plan and the further approval of the city council shall not be necessary.

(4) The procedure herein shall be in lieu of the requirements for the sale, exchange, or lease of municipal property as provided in R.S. 33:4712.

H. The net proceeds derived from the sale of the lots and parcels of property by the board shall be deposited into the general fund for the city of Westlake. Any expenses occasioned by the sale, such as realtors' fees, title curative work, recordation costs, etc., shall be deducted from the gross sales proceeds payable to the city of Westlake.

I. Annual report. The board shall submit an annual report to the mayor and city council outlining the sale of real estate, the proceeds of each such sale and the costs associated with each sale. The board shall provide the mayor and city council with a detailed map showing which properties are left to be developed, the properties sold, and the properties left to be sold. The appraised value of each property and other matters which might be pertinent shall be referenced on the map.

(1) The board shall prepare and submit to the mayor and city council an annual budget for consideration. The budget for the board shall be subject to the same procedural requirements as any other department within the city of Westlake. The annual budget shall be subject to approval by majority vote of the city council. The budget year for the board will coincide with the fiscal year for the city of Westlake.

(2) Should the board fail to submit or the city council fail to approve the budget for the upcoming fiscal year prior to its covenant date, then the city council may direct the mayor to prepare and submit the annual budget to the city council.

(3) Once approved by the city council, the board shall operate pursuant to the budget in the same manner as any other department within the city of Westlake.

K. The board, for legal purposes, shall operate as a department of the city of Westlake. The board shall have no authority to institute legal proceedings. The city of Westlake, as a municipal corporation, shall be the proper party to sue or be sued to enforce or defend actions of the board.

La. R.S. § 33:4712.9

Acts 2003, No. 1180, §1.