2018 Louisiana Laws
Revised Statutes
TITLE 38 - Public Contracts, Works and Improvements
RS 38:1580 - Jefferson Parish Consolidated Drainage Districts

PART VI. JEFFERSON PARISH DRAINAGE DISTRICTS

§1580. Jefferson Parish Consolidated Drainage Districts

A. The governing authority of the parish of Jefferson, on its own initiative, may create by ordinance one or more consolidated drainage districts within the territorial boundaries of the parish of Jefferson, which consolidated drainage districts may also include territories included or not included in any other district, as hereinafter defined, in the parish of Jefferson.

B. A consolidated drainage district so created shall be designated as "Consolidated Drainage District No. ___ of the Parish of Jefferson", and any consolidated drainage district so created shall constitute a special district within the meaning of Article VI, Section 19 of the Constitution of Louisiana, shall be a political subdivision of this state, and shall enjoy all rights, powers, and privileges enjoyed by other drainage districts under the constitution and laws of this state, including the right to issue bonds and levy taxes and special assessments.

C. The term district, as used in this Section, shall include any consolidated drainage district, drainage district, or subdrainage district providing drainage by means of gravity facilities or levee and pumping facilities, or a combination thereof.

D. The governing authority of such consolidated drainage district shall be designated in accordance with the Jefferson Parish Charter.

E. Before any such consolidated drainage district is finally created, the governing authority of the parish of Jefferson shall publish in the official journal of the parish at least once, not less than fifteen days prior to the date of the hearing, a notice of its intention to create the consolidated drainage district which notice shall set a date for the holding of a public hearing at which all persons interested may be heard on the question of creating the consolidated drainage district. The notice of hearing shall set forth the proposed name and boundaries of the consolidated drainage district, list the districts to be so consolidated, define the boundaries of any territory not then within the boundaries of an existing district which territory is proposed to be included in the consolidated drainage district, state the amount of outstanding indebtedness of each district to be consolidated, and the time and place fixed for the hearing. Upon conclusion of the hearing, the governing authority, in its discretion, may create the consolidated drainage district with boundaries as set out in the notice of intention or may refrain from creating the consolidated drainage district.

F. After the creation of any consolidated drainage district, notice of its creation, which shall include a statement of the boundaries thereof, shall be published one time in the official journal of the parish. Thirty days after such publication, the creation of the consolidated drainage district shall become incontestable, and no court shall have jurisdiction to entertain litigation questioning the legality of the creation of such consolidated drainage district. If the governing authority desires to call an election in any such consolidated drainage district to authorize the issuance of bonds, the levy of special taxes, or the assumption of indebtedness, it may call such election and publish notice thereof prior to the expiration of the thirty-day period.

G. At the expiration of the thirty-day period, existing districts included in any such consolidated drainage district shall no longer have the right to issue bonds or other obligations, and all books and records and assets thereof shall be transferred to the consolidated drainage district. The governing authority of the consolidated drainage district shall cause taxes to continue to be levied for the payment of the outstanding indebtedness of each underlying district which has not been assumed by the consolidated drainage district, as hereinafter provided, in all respects as would have been required had such consolidation not been effected. In addition, if such indebtedness of any underlying district consists of revenue bonds or special assessment certificates payable from service charges or assessments, the governing authority of the consolidated drainage district shall continue to impose and collect such service charges or assessments, as well as any special taxes previously authorized and legally dedicated by covenant with bondholders to the payment of maintenance or operation expenses.

H. The creation of a consolidated drainage district hereunder shall not affect or impair in any manner contract rights enjoyed by the holders of any outstanding bonds or obligations of the underlying districts, and to the extent required by such contract rights, taxes, service charges, and assessments on the property subject to the payment of principal and of interest on such bonds or obligations shall continue to be levied and collected as above provided; however, any consolidated drainage district may assume all or any indebtedness of its underlying districts in the manner and with the effect provided by R.S. 39:661 et seq. for the assumption of indebtedness by parishes.

I. The consolidated drainage district may continue the levy of any special taxes authorized to be levied by the underlying districts or in lieu thereof, may levy its own special taxes on all property within the consolidated drainage district for the purpose of maintaining, operating, constructing, and improving drainage works in the manner provided by the constitution and laws of this state after having been authorized to do so at a special election held in accordance with the provisions of the constitution and laws of this state.

Acts 1993, No. 77, §1, eff. May 26, 1993.