2014 Louisiana Laws
Revised Statutes
TITLE 38 - Public Contracts, Works and Improvements
RS 38:3087.307 - Powers of the board

§3087.307. Powers of the board

A. In order to accomplish the purposes for which the commission is created, the board of commissioners may:

(1) Review all data specifically related to lake restoration techniques, including data and strategies for sediment control and removal, removal of aquatic plants, water quality, and fish and wildlife habitat improvement, particularly as they may apply to that portion of Bayou Desiard Lake within the commission's jurisdictional boundaries.

(2) Review existing plans, studies, and proposals, pertaining to the Bayou Desiard Restoration Project implemented by a federal or state agency at no cost to the commission.

(3) Purchase, accept, hold, sell, and convey immovable and movable property and execute such contracts as it may deem necessary or convenient to enable it to properly carry out the purposes for which it is created.

(4) Acquire servitudes and rights-of-use by purchase, expropriation, or assignment for the lake or otherwise.

(5) Assist in conserving soil and water and in developing the water resources of the commission's boundaries, provided nothing shall be done to interfere with districts or municipalities previously organized under Louisiana law.

(6) Cooperate with the state Department of Transportation and Development and other state agencies in the maintenance or improvement and the construction of any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct any ditch, channel improvement, dike, dam, or levee, and repair, improve, and maintain any of said improvements or structures.

(7) Employ and hire any such personnel as may be necessary in the operation of the business of the commission and fix their compensation and may employ engineers, attorneys, and other professional personnel as becomes necessary and fix their compensation.

(8) Levy taxes within the area of the boundaries of the commission, issue bonds, and incur indebtedness within the limitations prescribed by the Constitution of Louisiana and in the manner prescribed thereby.

(9) Cooperate and contract with persons, firms, associations, partnerships, private corporations, municipalities of this state, or other public corporations, and with any other local, state, and federal agencies for the sale or use of any waters impounded by the commission.

(10) Select a domicile and home office for the commission.

(11) Grant franchises to telephone, telegraph, and electric power companies and grant franchises for the purposes of laying gas, water, sewer, electricity, or other utilities to supply the inhabitants or any person or corporation with gas, water, sewerage, or light when such construction is within the lake. Nothing contained in this Part shall affect the vested rights of any corporation which, pursuant to R.S. 45:781(A), has constructed, prior to August 15, 2005, and maintains and operates telegraph, telephone, and other lines for the transmission of intelligence.

(12) Appoint, hire, designate, and empower wardens, rangers, patrols, and such other personnel as may be deemed necessary by the commission for the enforcement of such regulations as may be promulgated and adopted by said commission.

(13) Manage and control the water level and make recommendations to the Wildlife and Fisheries Commission regarding lake drawdowns for biological purposes and aquatic plant control. However, to accomplish the commission's objectives, with the consultation of the Wildlife and Fisheries Commission, the commission may engage in the removal of aquatic plants within the undeveloped area of Bayou Desiard Lake.

(14) Do and perform any and all things necessary or incident to the fulfillment of the purposes for which the commission is created.

B. The Bayou Desiard Lake Restoration Commission shall have, with respect to the improvements and maintenance of the lake, the advice of the Department of Transportation and Development, and the department shall assist the commission to make such surveys, inspections, and investigations, render such reports, estimates, and recommendations, and furnish such plans and specifications as the board of commissioners of the commission may request from time to time.

C. The commission may incur debt for any one or more of its lawful purposes, issue in its name negotiable bonds or certificates of indebtedness evidencing such debt, and provide for the security and payment thereof as follows:

(1) To issue certificates of indebtedness maturing within one year from date of issuance to evidence money borrowed in anticipation of current revenues for the administration, operation, construction, and maintenance costs and expenses of the commission, which certificates shall be payable in principal and interest from any available income, revenues, fees, or taxes pledged to their payment by the commission.

(2) To issue bonds substantially in the manner set forth in Article VI of the Constitution of Louisiana, and other authority supplemental thereto, particularly Part III of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950. Such bonds shall be payable from an ad valorem tax on all taxable property in the area of the boundaries of the commission sufficient to pay such bonds in principal and interest when approved by vote of a majority in number of the qualified electors voting on the proposition at an election held for that purpose. Such bonds shall be issued in the manner provided by the law pursuant to which they are being issued, and the maximum interest rate for the bonds shall be that prescribed by such law. The bonds shall be issued in such amount or amounts as the board of commissioners shall determine. However, the principal amount of all such bonds outstanding as of the date of the issuance of any new bonds shall never exceed ten percent of the assessed valuation of the taxable property within the area of the boundaries of the commission, to be ascertained by the last assessment roll of record in Ouachita Parish.

(3) The commission shall have additional authority to levy taxes within the area of the boundaries of the commission under the provisions of Article VI, Section 32 of the Constitution of Louisiana, for the purpose of improving, operating, and maintaining its facilities, providing any such tax shall not exceed five mills and shall first be approved at an election held for said purposes in accordance with the Louisiana Election Code. The board may, when necessary, levy annually an ad valorem tax not to exceed five mills on the dollar on the property subject to taxation situated within the boundaries of the commission. The proceeds from such tax shall be used for the maintenance and upkeep of the lake within the boundaries of the commission as provided in R.S. 38:3087.302.

(4) The copy of any resolution levying a tax, certified by the secretary of the board of commissioners of said district, shall be transmitted to the tax assessor of the parishes in the district on or before the first day of May of the first year in which the tax is to be assessed and collected, and it shall be the duty of the assessor to assess the tax and extend the same upon the tax rolls of the parish. The tax shall be collected by the sheriff and ex officio tax collector of the Ouachita Parish in the same manner as taxes levied by the parish. Taxes assessed shall constitute the same liens upon the property assessed; shall bear the same penalties; and collection shall be enforced in the same manner and at the same time as parish taxes.

Acts 2005, No. 72, §1, eff. June 16, 2005.