2018 Louisiana Laws
Revised Statutes
TITLE 48 - Roads, Bridges and Ferries
RS 48:775 - Powers of the district

§775. Powers of the district

            A. The district is hereby declared to constitute and is declared to be a body politic and political subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the Constitution of Louisiana. The district shall be subject to and may avail itself of any law relating to political subdivisions generally, including but not limited to the following:

            (1) To sue and be sued.

            (2) To adopt, use, and alter at will a corporate seal.

            (3) To initiate or coordinate research, studies, and gathering of information on the road and bridge projects, including but not limited to the following:

            (a) Engineering studies.

            (b) Traffic flow and pattern studies.

            (c) Environmental impact studies.

            (d) Location of proposed routes.

            (e) Economic development impacts and benefits.

            (f) Utility relocation.

            (g) Right-of-way acquisition.

            (h) Project construction cost/benefit ratio studies.

            (4) To be designated an official depository for information relating to and about the road and bridge projects. As such, it is empowered to receive and preserve all information gathered by other parties pertaining to the project.

            (5) To receive money from any public or private body which may desire to appropriate or donate such funds to be used to defray the expenses of the district.

            (6) To procure from the Department of Transportation and Development, with the consent of its secretary, or from outside service providers any service or portion of services necessary to fulfill the duties and obligations of the board or the district.

            (7) To enter into contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of the district.

            B.(1) In furtherance of these purposes, the commission is specifically authorized to apply for, receive, and accept from any state or federal agency, or local subdivision of this state, any grant or contribution of money, property, or other things of value to be held, used, and applied for purposes for which such grants and contributions may be made or for any other lawful purposes that the commission has expressly authorized in this Part.

            (2) The commission is also specifically authorized to hire such accountants, attorneys, engineers, or other professional or scientific or other expert advisors as the commission in its discretion may deem necessary or advisable in order to carry out its mission. The professionals or scientific or other expert advisors shall be compensated by the commission from funds available to the commission pursuant to such agreement as may be entered into by the commission with the hired or trained professionals or scientific or other expert advisors. Neither the state nor any parish located within the boundaries of the district shall in any way be a party to any agreement executed under the provisions of this Paragraph, and neither the state nor any parish located within the boundaries of the district shall in any way be held responsible for payment of compensation under the agreements entered into by the commission.

            C. The district may create subdistricts as provided in this Subsection. The district shall publish notice of its intent to create a subdistrict in the official journal of the district. At least ten days after publication of such notice in the official journal of the district, the board shall conduct a public hearing on the question of creating such subdistrict. Thereafter, the board may designate one or more project areas within the boundaries of the district as a subdistrict of the district. Each subdistrict shall constitute a political subdivision of the state and shall be governed by the board. Each subdistrict shall have the same powers as the district and shall be given a name and designated as "Capital Area Road and Bridge Subdistrict No. ".

            D.(1) With respect to the bridge constructed pursuant to this Part, the district shall have all authority granted to parishes to establish, impose, collect, and enforce tolls and issue revenue bonds secured by revenue from the tolls as provided in the Bridge Revenue Bond Law.

            (2) The rate of the tolls provided for in this Subsection shall be fixed and adjusted in connection with any revenue bonds issued to provide a fund sufficient, with other revenue from the bridge, to pay for the following:

            (a) The cost of maintaining, repairing, and operating the bridge.

            (b) The principal of and the interest on such bonds as such becomes due and payable and creation of a reserve for these purposes.

            E. The district may levy taxes, impose parcel fees, and incur debt as otherwise provided by this Part; however, no proposition authorizing taxes, fees, or bonds shall be submitted to the voters of the district or of any subdistrict that does not provide funding for a new Mississippi River Bridge, connectors from Interstate Highway 10 to the bridge on the west side of the Mississippi River, and the connection to and widening of Louisiana Highway 30.

            F. The district may use revenue available to it to pay costs associated with road or bridge projects which costs may include the following:

            (1) Costs of studies, surveys, development of plans and specifications, preparation, implementation and administration, personnel and professional services costs for architectural, engineering, legal, marketing, financial, planning, police, fire, public works or other services incurred by the district directly or on behalf of the district. No charges for professional services may be based on a percentage of tax revenues.

            (2) Property acquisition and assembly costs, including but not limited to acquisition of land and other immovable or movable property or rights or interests therein, incurred by the district directly or on behalf of the district.

            (3) On and off-site preparation costs, including but not limited to clearance of any area by demolition or removal of any existing buildings, structures, fixtures, utilities, and improvements and clearing and grading and including installation, repair, construction, reconstruction, or relocation of public streets, public utilities, and other public improvements incurred by the district directly or on behalf of the district.

            (4) Costs of renovation, rehabilitation, relocation, repair, or remodeling of any existing buildings, improvements, and fixtures.

            (5) Costs of construction of public improvements, including but not limited to buildings, structures, works, utilities, or fixtures, incurred by the district directly or on behalf of the district.

            (6) Financing costs of the district, including but not limited to all necessary and incidental expenses related to the issuance of obligations, payment of any interest on any obligations which accrues during the estimated period of construction for which such obligations are issued and thereafter, and any reasonable reserves related to the issuance of such obligations.

            Acts 2018, No. 488, §1, eff. May 25, 2018.