La. Roads, Bridges and Ferries § 48:602

Current with operative changes from the 2024 Third Special Legislative Session

Section 48:602 - Public works districts; St. Landry Parish

(1) Notwithstanding any provision of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, the registered voters of each police jury district in St. Landry Parish may propose the creation and implementation of public works districts in each police jury district in the parish. Each such public works district shall become operative when the proponents of the petition believe they have the signatures of at least twenty-five registered voters of any police jury district of St. Landry Parish and such petition is filed with the registrar of voters for the parish.

(2) If the registrar of voters determines that the required twenty-five electors have signed such petition for the creation of a public works district, he shall issue a certificate stating that twenty-five or more electors residing in the proposed district have signed the petition and shall forward such petition, within fifteen days, to the governing authority of St. Landry Parish.

(3) Within fifteen days after presentation of the petition by the registrar of voters, the governing authority of St. Landry Parish shall appoint a steering committee which shall act as a transition committee forming such public works commission.

(4) Within fifteen days after the appointment of the steering committee, the steering committee shall submit names for commissioners from a list compiled at a public meeting held in each precinct, educate the public, through meetings of the operation of the new public works district, and any other work that may be needed. The governing authority of St. Landry Parish shall then within fifteen days appoint the commissioners from the list of names that is presented from the steering committee. The newly appointed commission shall then be designated as the "District _____ Public Works Commission of St. Landry Parish".

(5) The specific designation of the public works district shall correspond to the respective police jury district.

(1) The boundaries of such commissions shall be coterminous with the boundaries of the respective police jury districts when the commissions are formed and shall remain as the exact same boundaries for the duration of any tax levied and its renewals.

(2) An area may be removed from a district upon the board of commissioners for such district receiving a petition signed by at least two-thirds of the registered voters of any precinct, as certified by the registrar of voters for the parish.

C. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District _____ Public Works Commission of St. Landry Parish, hereinafter referred to as the "board".

(1) The commissioners of each such board shall be appointed by the governing authority of the parish of St. Landry. The governing authority shall appoint one member from each of the precincts within a particular police jury district who shall be residents of such precinct. The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.

(2) Of the commissioners initially appointed, one-half shall serve for a term of one year and the remaining one-half shall serve for a term of two years. The length of the term of each commissioner appointed shall be determined by lot at the first meeting of the commission.

(3) The commissioners shall serve until their successors have been appointed and qualified.

(4) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be two years, and upon expiration of a term of office, the successor shall be appointed as provided in this Section. No commissioner shall serve for more than two terms.

(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired terms.

(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice chairman, and a secretary/treasurer, and such other officers as it may deem appropriate.

(2) The minute books and archives, also the monies, funds, and accounts of the commission shall be supervised by the secretary/treasurer.

(a) The secretary/treasurer shall have signatory powers of the commission. They shall also be bonded by a surety bond for the amount of money that the commission shall handle between certified audits.

(b) The chairman, vice chairman, and secretary/treasurer shall have signatory powers. Two of the three officers shall sign each check.

(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary and advisable for conducting business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such times and places within the boundaries of the commission as may be prescribed in the bylaws.

F. Each district shall be considered a political subdivision of the state, and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and drainage facilities in the district which it is appointed for, and without limitation, shall have all the rights, powers, and authority enumerated for public works districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:

(1) The power to levy and collect within said boundaries of a district a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use of consumption of corporeal movable property and upon the sale of services, as presently defined in R.S. 47:301 through 318, inclusive. Except where inapplicable, the procedure established by R.S. 47:301 through 318, inclusive, shall be followed in the imposition, collection, and enforcement of said tax and any procedural details necessary to be established to supplement the provisions of said Section and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the commission. The commission shall have the right to contract with the sheriff, the Department of Revenue, or any other agency or political subdivision for the collection of the tax. The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.

(a) The resolution imposing such tax shall be adopted by a commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of such district at an election to be called, conducted, canvassed, and promulgated by the governing authority of such district in accordance with general laws of the state governing the authorization of general obligation bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.

(b) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails of proceeds of the tax after payment of collection costs shall be used solely by such commission for the maintenance of all areas that fall under the heading of public works. The proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.

(2) The powers described under R.S. 38:1767 and R.S. 38:1794(C) and (D).

(3) The power to levy on all taxable property within the boundaries of such district an ad valorem tax not to exceed fifteen mills, provided said commission has received prior approval for the levy of said millage by a favorable vote of the qualified electors within the boundaries of such district at an election called by the board for the purposes of financing the operation of the public works.

(4) Notwithstanding the provisions of R.S. 48:590, to merge or consolidate with other road districts or commissions that have been created under this law. The board of commissioners of the consolidated commission shall be made up of one commission member appointed by each district that is part of the consolidated district. This person shall be a commissioner of the district that they will represent.

(a) All revenue that has been raised by taxes shall continue to be used within the area that the revenues have been raised in.

(b) All commissions shall contribute an equal agreed amount, not to exceed twenty percent of each district's income, to the overall operation of the consolidated commission. These funds shall be used for the operation of the consolidated offices, the employment of supervisory personnel, insurance, and other consolidated services. This consolidated office shall handle all office work and each individual district shall have one clerk that is paid by the individual district and they shall report the work performed to the consolidated office. At no time shall the failing of a tax or the removal of any districts jeopardize the operation of other districts. Individual districts shall merge with other districts when it is of benefit to the districts due to the cost of maintaining offices and supervisory personnel. Each district shall have the responsibility of deciding the scope of work that shall be done in their individual districts.

(5) To perform necessary work as outlined in the proposition authorizing the levy of the tax. Such boards shall have the ability to call for a voter referendum on any works that would normally be considered to be public works including, but not limited to roads, drainage, recreation projects, fire protection, and water management providing that such commission's powers do not infringe or conflict with the powers of other commissions or districts.

(6) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.

(7) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.

G. Such commissions shall have work guidelines that parallel the work guidelines of the parish. The parish road supervisor or the parish public works supervisor shall inspect the work and if found not to comply with standards, the commission shall be notified and corrections will be made. The supervisor will not deal with the workers, but with management.

H. Such commissioners may issue citation for violations of public works ordinances that have been enacted by the local governing body. The citations that are issued shall be settled in local justice of peace courts.

La. Roads, Bridges and Ferries § 48:602

Acts 1995, No. 929, §1; Acts 1997, No. 658, §2.