2015 Louisiana Laws
Revised Statutes
TITLE 39 - Public Finance
RS 39:666 - Liabilities, charges and rights vested; district obligations not affected

§666. Liabilities, charges and rights vested; district obligations not affected

A. Upon the adoption of the resolution assuming the debt provided for in the preceding section, the parish shall succeed to and become charged with all the liabilities and duties of the district with respect to the assumption of the debt. It shall succeed to and be vested with all the rights, revenues, resources, jurisdiction, authority and powers of said district, except school districts, the debt of which it has assumed, for the full period of the debt assumption and the governing authority of the parish assuming the debt shall be the governing authority of the district the debt of which has been assumed, except school districts; provided, however, that the governing authority of the parish may, at its option, in the resolution assuming the debt or in a separate resolution name and appoint an advisory or administrative board of not more than five persons to assist in the administration and operation of the district under the general control of the parish governing authority in a manner consistent with the purposes for which the district was created. The governing authority assuming said debt shall be obligated for the payment in principal and interest of the entire debt assumed.

B. If any road district, subroad district, consolidated road district, drainage district, irrigation district, levee district, waterworks district, road lighting district, fire protection district, airport district, hospital service district, recreation district, sewerage district created by the governing authority of a parish, or school district, is composed of territory located in more than one parish, the revenues and resources of the district shall continue in the possession and control of the governing authority thereof and shall be applied by the governing authority to the payment in principal and interest of the entire debt of the district, but any future taxes shall be levied by the governing authority of the parish as hereinafter provided in this Sub-part instead of the tax being levied by the district.

C. If any parish assumes all of the debt of any drainage district or levee district located wholly within its boundaries in the manner provided by this Sub-part, the governing authority of such parish shall, upon the adoption of the resolution provided for by R.S. 39:665, become the governing authority of such drainage or levee district for the period of the debt assumption, and the governing authority of such parish shall exercise all duties, rights, powers and jurisdiction granted to governing authorities of drainage and levee districts under the constitution and statutes of the state of Louisiana; provided, however, that the governing authority of the parish may, at its option, create an advisory or administrative board as hereinbefore provided in Sub-section A of this Section. Upon the payment in full of the debt assumed, the governing authority of the parish shall ipso facto cease to be the governing authority of the drainage or levee district whose debt it assumed and the governing authority of such drainage or levee district shall be the governing authority designated in the law providing for the creation of such districts.

D. Nothing contained in this Sub-part shall operate to extinguish the corporate existence of any road district, subroad district, consolidated road district, drainage district, irrigation district, levee district, waterworks district, road lighting district, fire protection district, airport district, hospital service district, recreation district, sewerage district created by the governing authority of a parish, or school district, whose debt or portion of debt has been assumed as provided herein. The districts shall continue to exist as corporate entities until all debts and obligations have been paid.

E. The provisions of this Sub-part shall not authorize nor be construed to authorize or permit reimbursement out of the Property Tax Relief Fund to any district whose debt is assumed in whole or in part, nor for any tax levied for the benefit of such district, by any parish assuming such debt, unless such district or such tax would have been entitled to the reimbursement if the debt had not been assumed; provided, however, that the provisions of this Sub-section shall not prevent a parish governing authority from succeeding to the rights to reimbursement possessed by a district whose debt is assumed by the parish.

Amended by Acts 1960, No. 235, §1; Acts 1962, No. 111, §4.