2006 Louisiana Laws - RS 34:2204 — Authority to levy taxes and issue bonds

§2204.  Authority to levy taxes and issue bonds

A.  The commission, with the prior approval of the governing authority of the parish of Terrebonne, shall have authority to order and call a special election or elections and submit to the qualified electors of the port area the question of authorizing the levy of ad valorem taxes not to exceed a total of five mills on the dollar on all property subject to state taxation within the port area, said election to be ordered, held, conducted and promulgated by the commission in a manner similar to that prescribed by law for the voting of special ad valorem taxes in the parish of Terrebonne.  In the event such election carries, the commission shall have the authority to levy the voted tax annually on all taxable property situated in the port area.  All funds derived from such voted ad valorem taxes, shall constitute income and revenues of the commission and be used to defray administrative, operative, construction, maintenance and other lawful expenses and obligations of the commission.

All ad valorem taxes of the commission shall be levied, assessed and collected on all taxable property within the port area under the same method, terms and conditions and at the same time as state and parish taxes are levied, assessed and collected, and shall be secured by the same liens upon the property as taxes for state and parish purposes.  Property subject to such taxes shall be sold for failure to pay the same in the same manner as property is sold for delinquent state, parish and other taxes under the laws of the state.  The provisions of the Constitution and all laws regulating the collection of taxes, the creating of tax liens and mortgages, tax penalties and tax sales shall apply to the collection of all taxes authorized by this section.  The sheriff and ex officio tax collector for the parish of Terrebonne shall make a monthly settlement with the treasurer of the commission and receive from him a receipt for the amount of the taxes paid over in the same manner as tax collectors are required to settle with the auditor of the state.  The tax collector shall receive from the treasurer the same quietus for a full settlement of taxes due and exigible in any given year and account for the delinquents or deductions in the same manner as though accounting to the auditor of the state taxes.  The sheriff and ex officio tax collector shall retain from all taxes collected by him for the port area the same commission allowed thereon to him by law on special taxes and shall deposit the amount thereof with the parish treasurer to the credit of the sheriff's salary fund.  Upon the failure of the tax collector to comply with the provisions of this section, the commission shall proceed against him and the sureties on his official bond for the collection of whatever money may be owing to the commission for such special taxes.  All ad valorem taxes levied by the commission being parishwide taxes, shall be covered by homestead exemption and be subject to reimbursement from the property tax relief fund in the manner provided by R.S. 39:253.

B.  The commission shall have authority to incur debt for any one or more of its lawful purposes, to issue in its name negotiable bonds or certificates of indebtedness evidencing such debt, and to 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 and/or taxes pledged to their payment by the commission.

(2)  To issue bonds substantially in the manner set forth in Article XIV, Section 14 (including paragraph b.  2 thereof) of the Constitution, and other authority supplemental thereto, particularly Part III, Chapter 4, 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 port area sufficient to pay such bonds in principal and interest, when approved by a vote of a majority in number of the qualified electors voting on the proposition at an election held for that purpose in accordance with Part II of said Chapter 4, Title 39, as amended by Act 277 of 1970.  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 commission shall determine, provided, however, the principal amount of all such bonds outstanding as of the date of the issuance of any new bonds shall never exceed ten per cent of the assessed valuation of the taxable property within the port area, to be ascertained by the last assessment roll of record in the parish of Terrebonne.

C.  In addition to the bonds authorized to be issued by Subsection B.2 of this section, the commission shall be authorized to issue negotiable bonds for any one or more of the purposes within the authority delegated to it and to pledge to the payment of the principal and interest of such negotiable bonds the income and revenues derived or to be derived from the properties and facilities owned, leased, or operated by it and/or any other income or revenue received by the commission from fees, taxes, grants or other sources.  In addition to such pledge, the commission may further secure the payment of its bonds by a conventional mortgage upon any or all of the properties constructed or acquired or to be constructed and acquired by it.  The commission is further authorized to receive, by gift, grant, donation or otherwise, any sum of money, or property, 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, to pledge all or any part of such monies for the further securing of the payment of the principal and interest of its bonds.  In addition to whatever security may be pledged to the payment of its bonds, the commission, at its option, shall have authority to provide that such bonds shall additionally constitute general obligations of the port commission, to which its full faith and credit, including, if necessary, the right to levy ad valorem taxes within the port area to pay such bonds, shall be pledged; provided, however, that such general obligation bonds shall not be issued until the commission has adopted an appropriate resolution giving notice of its intention to issue general obligation bonds, including a general description of such bonds and the security therefor, and notice of this intention has been published in four consecutive weekly issues of a newspaper of general circulation published in the port area, setting forth a date and time when the commission will meet in open and public session to hear any objections to the proposed issuance of such bonds and provided, further, if at such public hearing a petition, duly signed by more than five per cent of the registered voters in the port area object to the issuance of bonds as proposed, then such bonds shall not be issued until approved by a vote of a majority in number of the qualified electors in the port area who vote at a special election held for that purpose in the manner provided by Part II, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950.  No bonds shall be issued by the commission under the authority conferred in this subsection unless approved by a resolution adopted by the governing authority of the parish of Terrebonne and unless the commission has therefore prepared, or caused to be prepared, an economic feasibility study or report reflecting that adequate revenues will be available from the sources pledged in an amount sufficient to pay the bonds as they mature in principal and interest.  Said economic feasibility study or report shall be filed in the permanent records of the commission and shall be available for public inspection.  Subject to the above limitations, bonds may be issued by the commission under the authority conferred in this subsection for such purposes and in such amount or amounts as the commission may determine; provided, however, that the total principal amount of all bonds outstanding as of the date of the issuance of any new bonds, shall never exceed ten per cent of the assessed valuation of the taxable property within the port area, to be ascertained by the last assessment roll of record in the parish of Terrebonne.  All bonds issued under this subsection shall be authorized by a resolution of the commission and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest at such rate or rates not exceeding six per centum per annum, payable semiannually or annually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred five per cent of the principal amount thereof, and be entitled to such priority on the revenues of the commission as such resolution or resolutions may provide.  The bonds shall be signed by such officers as the commission shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officer or officers of the commission as it shall designate.  Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the officer or officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered.  Said bonds shall be sold for not less than par and accrued interest, to the highest bidder at a public sale after advertisement by the commission at least once not less than ten days prior to the date of such sale in (1) a newspaper of general circulation within the port area and (2) a financial newspaper or publication regularly carrying municipal bond notices and published in New Orleans, New York or Chicago, reserving to the commission the right to reject any and all bids and to readvertise for bids.  If after advertisement as hereinabove provided, no bids are received, or if such bids as are received are considered in the discretion of the commission to be unsatisfactory, then in that event the said commission may publicly negotiate for the sale of such bonds without further advertisement.  No proceedings with respect to the issuance of any such bonds shall be necessary except such as are contemplated by this subsection.

D.  For a period of thirty days from the date of the publication of any resolution of the commission authorizing the issuance of its bonds or certificates of indebtedness, any person interested may contest the legality of such resolution and the validity of such bonds or certificates of indebtedness issues or proposed to be issued thereunder and the security of their payment, after which time no one shall have any cause of action to contest the legality of said resolution or to draw in question the legality of said bonds or certificates of indebtedness, the security therefor or the debts represented thereby 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 such matters after the lapse of said thirty days.

Added by Acts 1964, No. 485, §1.  Amended by Acts 1972, No. 120, §2.