2011 Louisiana Laws
Revised Statutes
TITLE 34 — Navigation and shipping
RS 34:3522 — Authorities in certain parishes

§3522. Authorities in certain parishes

A. Notwithstanding any provision of law to the contrary, there is hereby created in Rapides Parish a port authority in such parish and adjacent lands, except as provided in Subsection B of this Section.

B. The jurisdiction of such port authority shall be coterminous with those of the parish in which such authority is sited, except the authority shall not include any private ports.

C. Pursuant to Article VI, Sections 19 and 20 of the Constitution of Louisiana, the authority, acting through its board, shall have all the rights, powers, privileges, and immunities granted to political subdivisions of the state for industrial, commercial, research, and economic development purposes.

D. Such port authority shall be governed by a board of commissioners composed of six members, who shall serve without compensation and who shall be appointed as follows:

(1) Three of the commissioners shall be appointed by the mayor of the municipality having the largest population in such parish as determined by the most recent federal decennial census, subject to approval by the governing authority of the municipality. Each appointee shall be a resident of such municipality.

(2) One of the commissioners shall be appointed by the mayor of the municipality having the second largest population in such parish as determined by the most recent federal decennial census. Such appointee shall be a resident of such municipality.

(3) One of the commissioners shall be appointed at large by the mayors of the remaining municipalities in such parish.

(4) One of the commissioners shall be appointed at large by the parish governing authority of such parish.

E. Each commissioner shall serve terms concurrent with the terms of the appointing authorities.

F. In the event that any commissioner ceases to be a commissioner for any reason, his successor shall be appointed in the same manner as the original appointment and shall serve for the remainder of the unexpired term.

G. The board of commissioners shall elect from among its members a president, who shall have no vote except in the event of a tie vote, a vice president, a secretary, and a treasurer, whose respective duties shall be prescribed by the board. At the option of the board of commissioners, the offices of the secretary and treasurer may be held by one person. The board of commissioners shall meet in regular session once each month and shall also meet in special session at the call of the president of the commission or on the written request of four members of the board. A majority of the members of the board of commissioners shall constitute a quorum, and all actions or resolutions of the board shall be approved by the affirmative vote of not less than a majority of the members of the board at the meeting. The board of commissioners shall prescribe rules governing its meetings and shall fix a place at which the meetings shall be held.

H. The board of commissioners may authorize a reasonable travel allowance for its members in the performance of their official duties. The board of commissioners may further reimburse its members for actual expenses incurred in the performance of their official duties on behalf of the port. It may employ such officers, agents, and employees as it finds necessary in the performance of its duties, and it may prescribe the duties, powers, and compensation of the officers, agents, and employees. The board of commissioners, on terms as it agrees upon, may contract for legal, financial, engineering, and other professional services necessary or expedient in the conduct of its affairs, and, on terms and conditions mutually agreeable, may utilize the services of other executive departments of the state.

I. The board of commissioners shall exercise the powers herein conferred upon it within the respective parish, excluding any privately owned port facility.

J.(1) The board of commissioners shall regulate the commerce and traffic within the respective parish in a manner that is, in its judgment, in the best interests of the state.

(2) The board shall have charge of and administer public wharves, docks, sheds, and landings. It may:

(a) Construct or acquire and equip wharves, landings, and other structures useful for the commerce of the port and provide mechanical facilities therefor.

(b) Erect sheds or other structures on the wharves and landings.

(c) Provide light, water, police protection, and other services for its facilities as it deems advisable.

(d) Construct or acquire, maintain, and operate basins, locks, canals, warehouses, and elevators.

(e) Charge for the use of all facilities administered by it and for all services rendered by it.

(f) Establish fees, rates, tariffs, or other charges as it deems fit.

(g) Establish harbor lines within the port area by agreement with the United States Army Corps of Engineers.

(h) Construct, own, operate, and maintain terminal rail facilities and other common carrier rail facilities for the purpose of rendering rail transportation to and from the facilities to be erected, owned, and operated by the port in both intrastate and interstate commerce.

(3) Title to all property and improvements acquired by the port shall rest in the port.

K. The board of commissioners may make and enter into contracts, leases, and other agreements with railroads, trucking companies, and barge lines and with any and all companies interested in the transportation, storage, and shipping of goods and other products, whether by rail, truck line, barge line, or otherwise, for the use of facilities administered by the board or any part or portion thereof for a period of time not exceeding forty years. However, no exclusive franchise shall be granted to any carrier.

L. The board of commissioners may make and enter into contracts, leases, and other agreements with any political subdivisions in the respective parish, for the management and operation of port and ancillary facilities. This right shall include the construction and operation of warehouses, storage facilities, and other buildings used in connection with the port.

M. The board of commissioners is authorized to make and construct any of the works of public improvements in the port and anything in connection therewith which may be necessary or useful for the business of the board, to purchase machinery or materials and equipment for performing the work and to supervise the making of the same or to make and construct the works through contracts with others, and generally to do all other acts necessary or proper to carry out the powers vested in it with regard to works of public improvement.

N. With the approval of the State Bond Commission, the board of commissioners may incur debts for its lawful purposes and issue in its name negotiable bonds or notes therefor and pledge for the payment of the principal and interest of such negotiable bonds or notes the revenues derived from the operation of properties and facilities maintained and operated by it or received by the board from any taxes authorized under this Section or from other sources; however, the amount of such bonds or notes outstanding at any one time shall not exceed ten million dollars. In addition to the pledge of revenues to secure the bonds and notes, the board of commissioners may further secure their payment by conventional mortgage upon any or all of the properties constructed or acquired or to be constructed or acquired by it. The board of commissioners also may receive, by gift, grant, donation, or otherwise, any sum of money, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, and, unless otherwise provided by the terms of such gift, grant, or donation, in its discretion may pledge all or any part of such monies for the further securing of the payment of the principal and interest of its bond or notes.

O. The board of commissioners, on behalf of the port may, as an additional grant of authority, incur debt and issue negotiable general obligation bonds to finance any of its authorized purposes, with the approval of the State Bond Commission a majority of those voting in an election called and held for that purpose in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. Said general obligation bonds shall be issued in the form and manner and subject to the limitations, restrictions, and provisions contained in Part III, Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and shall be sold in the manner subject to the provisions of Chapter 13 of Title 39 of the Louisiana Revised Statutes of 1950.

P. For a period of thirty days after the date of the adoption of any resolution or ordinance of the board of commissioners authorizing the issuance of its bonds or notes, any person interested may test the legality of the resolution or ordinance, after which time no one shall have any cause of action to contest the regularity, formality, or legality of the resolution or ordinance or to draw in question the legality for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with and no court shall have authority to inquire into the matters after the lapse of thirty days.

Q. Any bonds issued in accordance with the provisions of this Section shall be sold to the highest bidder, at a public sale, for not less than par and accrued interest, after advertisement once a week for not less than thirty days by the board of commissioners in the manner prescribed by R.S. 39:1426. If, after advertisement as hereinabove provided, no bids are received or if the bids as received are considered in the discretion of the board of commissioners to be unsatisfactory, the board may publicly negotiate for the sale of the bonds.

R. The prohibition contained in R.S. 43:111 against advertising in any newspaper, book, pamphlet, or periodical shall not apply to the board of commissioners of any port created under the provisions of this Section in carrying out its functions and duties under the constitution and laws of this state.

Acts 2008, No. 870, §1; Acts 2011, 1st Ex. Sess., No. 10, §1.