Dupre v. City of Houma

216 So. 2d 576, 1968 La. App. LEXIS 4470
CourtLouisiana Court of Appeal
DecidedDecember 4, 1968
DocketNo. 7655
StatusPublished
Cited by7 cases

This text of 216 So. 2d 576 (Dupre v. City of Houma) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dupre v. City of Houma, 216 So. 2d 576, 1968 La. App. LEXIS 4470 (La. Ct. App. 1968).

Opinion

SARTAIN, Judge.

Plaintiffs as residents, property owners and registered voters of the City of Houma, Parish of Terrebonne, Louisiana, instituted this suit to set aside and nullify an election of the registered property owners of the City of Houma which favorably authorized the issuance of $10,000,000.00 of municipal revenue bonds. Plaintiffs now prosecute this appeal from a judgment of the district court which denied their demands on each issue and upheld the validity of the election.

This case was very ably tried in the court a quo and we are favored with detailed written reasons of the trial judge.

Plaintiffs attack the validity of the election on the following grounds:

I.That the election was called without first obtaining the approval of the State Bond and Tax Board as required by LRS 47:1804.
II. That the City failed to submit to the voters more than a single proposition; that, in effect, the City failed to show the breakdown of the proposed expenditure of the bond proceeds for its combined electric light and power plant system, water supply purification and distribution plant system and natural gas system as required by LRS 39:511.
III. That the amount to be paid as attorneys’ fees in connection with the bond issue was never properly submitted to the State Bond and Tax Board as required by Senate Concurrent Resolution No. 23 of 1964.
IV. That the statutes under which the election was conducted and which require that the name of the voter be written on the ballot, particularly LRS 39:413-512 are violative of Article VIII, § 15 of the Louisiana Constitution of 1921 and deprived petitioners of their right to secrecy of the ballot; that said statutes are also violative of the Fourteenth Amendment of the United States Constitution and of Article I, § 2 of the Louisiana Constitution in that they deprived petitioners of the equal protection of the laws.
V.That LRS 33:4253, authority for the subject election, is unconstitutional because said statute provides that the bonds be secured by a pledge of the utility revenues, whereas Louisiana Constitution, Article XIV, § 14 (m) provides that such bonds be secured by both pledge of the revenues and a mortgage on the lands, buildings, machinery and equipment of the utility.

We shall discuss these points in the order mentioned.

The City of Houma operates a combined utility providing electric power, water, and natural gas. The purpose of the revenue bond election was to extend these services into additional areas of the city.

On September 12, 1967, the Mayor and Board of Aldermen adopted a resolution ordering and calling a special election to be held on October 24, 1967. The election was held as scheduled. The promulgated results revealed that 1,828 votes were cast in favor of the proposition submitted representing an assessed valuation of $2,736,258.00 and 896 votes were cast against the proposition representing an assessed valuation of $1,108,-268.00. Accordingly, there was a majority of 936 votes in number representing an assessed valuation of $1,627,990.00 cast in favor of the proposition. The proposition submitted to and approved by the voters of the City of Houma was as follows:

PROPOSITION
“Shall the City of Houma, State of Louisiana, issue its revenue bonds to the [579]*579amount of Ten Million Dollars ($10,000,-000.00), to run twenty-five (25) years from date thereof, with interest at a rate not exceeding six per centum (6%) per annum, for the purpose of constructing and acquiring extensions and improvements to the combined electric light and power plant system, water supply purification and distribution plant system and natural gas system of said City, said bonds to be payable as to principal and interest solely from the income and revenues to be derived from the' operation of said combined utility, pursuant to the provisions of Sub-Part C, Part I, Chapter 10, Title 33 of the Louisiana Revised Statutes of 1950?”
I
L.R.S. 47:1804 provides as follows:
“Hereafter, before incurring any debt, ordering any election, submitting any proposition to incur any debt or to levy any special tax, borrowing any money for any purpose whatever, issuing any bonds or other evidences whatever of debt, levying any tax or pledging any tax or revenue or income for t.he payment of any such bonds or debt, where they are authorized so to do by the constitution and the laws of this state, every such governmental agency of the State of Louisiana named in R.S. 47:1803 shall obtain the consent and approval of the board.” (Emphasis ours)

The undisputed facts are that the proposition was adopted on September 12, 1967 and was submitted to the State Bond and Tax Board for approval by the attorneys for the City by letter dated September 25, 1967. The resolution setting forth the above quoted proposition also provided:

“SECTION 1. The subject to the approval of the State Bond and Tax Board and under the authority conferred by Part 2, Chapter 4, Title 39 and Sub-Part C, Part 1 of Chapter 10, Title 33 of the Louisiana Revised Statutes of 1950, and other constitutional and statutory authorities supplemental thereto, a special election be and the same is hereby called and ordered to be held in the City of Houma, State of Louisiana, on Tuesday, October 24, 1967, between the hours of six (6:00) o’clock a. m. and eight (8:00) o’clock p. m., in compliance with the provisions of Section 1181 of Title 18 of the Louisiana Revised Statutes of 1950 (R.S. 18:1181), and that at the said election there shall be submitted to the resident property taxpayers of said City qualified and entitled to vote at said election under the Constitution and Laws of this State, the following proposition, to-wit:” (Emphasis ours)

The Board at its regular meeting on October 4, 1967 unanimously adopted a resolution approving the calling of the said election.

Plaintiffs contend that L.R.S. 47:1804 requires that approval of the Board be obtained before ordering any election and that since the resolution of September 12, 1967, calling for the election was prior to its formal submission to the Board, the election is therefore null.

The defendant, City of Houma, contends that the call was “subject to the approval” of the Board which is not prohibited by L.R.S. 47:1804 and inasmuch as formal approval was obtained prior to the election itself that the basic requirements of the statute were satisfied.

We quote with approval from the trial judge’s written reasons, to-wit:

“There can be no doubt as to the meaning of the word ‘before’ and the Court finds no difficulty in determining that ‘ordering’ an election is synonymous with ‘calling’ an election. In fact, in the resolution of the city, the election is both ‘called and ordered’ (exhibits P-2 and D-5).
“That t.he call was issued before obtaining the approval of the Board is not in strict compliance with the statute; but in view of the conditional nature of the call, [580]*580i.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Settle v. Bossier Parish School Board
93 So. 3d 1284 (Louisiana Court of Appeal, 2012)
Stewart v. Livingston Parish Police Jury
340 So. 2d 1045 (Louisiana Court of Appeal, 1976)
Monroe Redevelopment Agency v. Faulk
287 So. 2d 578 (Louisiana Court of Appeal, 1973)
Liter v. City of Baton Rouge
245 So. 2d 398 (Supreme Court of Louisiana, 1971)
Dupre v. City of Houma
218 So. 2d 45 (Supreme Court of Louisiana, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
216 So. 2d 576, 1968 La. App. LEXIS 4470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupre-v-city-of-houma-lactapp-1968.