Police Jury v. ALL TAXPAYERS, ETC.

278 So. 2d 474
CourtSupreme Court of Louisiana
DecidedMay 24, 1973
Docket53352
StatusPublished
Cited by1 cases

This text of 278 So. 2d 474 (Police Jury v. ALL TAXPAYERS, ETC.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Police Jury v. ALL TAXPAYERS, ETC., 278 So. 2d 474 (La. 1973).

Opinion

278 So.2d 474 (1973)

The POLICE JURY OF the PARISH OF WASHINGTON, State of Louisiana, Acting as the Governing Body of Industrial District No. 1 of Said Parish
v.
ALL TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF INDUSTRIAL DISTRICT NO. 1 OF the PARISH OF WASHINGTON, State of Louisiana, Including Non-Residents Owning Property or Subject to Taxation Therein, and all Other Persons Interested in or Affected in any way by the Issuance of Industrial Revenue Bonds of the District and Albert G. Branch.

No. 53352.

Supreme Court of Louisiana.

May 24, 1973.

*475 Woodrow W. Erwin, Dist. Atty., Foley, Judell, Beck, Bewley & Landwehr, J. Hugh Martin, Harold B. Judell, New Orleans, for plaintiff-applicant.

Talley, Anthony, Hughes & Knight, Richard F. Knight, Bogalusa, for defendants-respondents.

Sanders, Miller, Downing & Kean, R. Gordon Kean, Jr., Kantrow, Spaht, Weaver & Walter, Byron R. Kantrow, Sr., Benton, Benton, Benton & Dodson, Fred G. Benton, Jr., Fred G. Benton, Sr., Taylor, Porter, Brooks & Phillips, Frank W. Middleton, Jr., Joseph F. Keogh, Parish Atty., Baton Rouge, Samuel C. Cashio, Dist. Atty., Cox, Huppenbauer, Michaelis & Osborne, John W. Cox, E. E. Huppenbauer, Jr., New Orleans, for amici curiae.

SUMMERS, Justice.

In order to encourage location of, and addition to, industrial enterprises in this State, the Legislature enacted Act 520 of 1964 (La.R.S. 39:991-1001). By the terms of that legislation, the governing bodies of taxing subdivisions of the State are authorized to issue bonds by resolution. These are to be "limited obligations" of these bodies, "the principal of and interest on which shall be payable solely from the income and revenue derived from the sale, lease or other disposition of the project or facility."

*476 It is further provided that the bonds issued in accordance with this Act "shall not constitute an indebtedness or pledge of the general credit" of the taxing body. Bonds issued under the Act's provisions, and the liability arising therefrom, are not a charge upon the other income and revenues of the issuing authority, and are not to be included in computing the indebtedness of the municipality for the purpose of determining any constitutional or statutory limitation. La.R.S. 39:992, 993.

The Act provides for an election to be held to approve the issuance of the bonds, approval to be by the vote of a majority in number and amount of the property taxpayers at an election called for that purpose. La.R.S. 39:993, 997. Provision was also made for the sale of bonds issued under that authority to the highest bidder at public sale. La.R.S. 39:998.

Thereafter, on November 8, 1966, in order to validate and thereby improve the marketability of industrial revenue bonds then authorized by law, "and without in any way depriving the Legislature of its right to amend R.S. 39:991 to R.S. 39:1001, inclusive," the provisions of Sections 991-1001 of Title 39 of the Revised Statutes were approved, ratified and made part of the Constitution of this State by an Amendment designated as Article XIV, Section 14(b.3).[1] By the terms of the constitutional amendment these provisions were given full effect as constitutional enactments. The amendment in explicit language found and declared that the purposes designed to be accomplished under those provisions (La.R.S. 39:991-1001) are public and proper legal purposes of public benefit to the taxing authority.

The Legislature, acting upon the authority reserved to it in the constitutional amendment, (La.Const. Art. XIV, Sec. 14[b.3]) enacted Act 433 of 1972, effective July 26, 1972, whereby it amended Sections 993, 996, 997, 998, 999 and 1000 of Title 39 of the Revised Statutes. These amendments sought to eliminate from Sections 991-1001, as then incorporated in the Constitution, the requirement that an election be held prior to the authorization and issuance of bonds under that authority. The amendments adopted by Act 433 of 1972 also purport to remove from Section 998 the requirement that bonds be sold at public sale, substituting in lieu thereof authority to sell the bonds at private sale.

Then, by resolution of October 11, 1972, pursuant to constitutional and statutory authority not at issue, the Police Jury of Washington Parish created Industrial District No. 1. In accordance with a lease agreement with Crown Zellerback Corporation, executed to conform with the terms of Sections 991-1001 of Title 39 of the Revised Statutes, the parish authorized acquisition of improvements to Crown's existing pulp and paper mill complex. These improvements were principally water pollution control facilities.

The lease was timely approved by the Board of Commerce and Industry and the State Bond and Tax Board as required by Section 997 of Title 39. The Police Jury of Washington Parish then issued $4,400,000 of industrial pollution control revenue bonds without an election.

*477 This suit was filed by the Police Jury of the Parish of Washington acting as the governing body of Industrial District No. 1, as authorized by Act 385 of 1972 (redesignated as La.R.S. 13:5121-30). The suit seeks judgment declaring the bonds to be valid obligations of Industrial District No. 1 and that all proceedings in connection with the authorization and issuance of the bonds and the lease agreement securing the payment of the bonds are legal, valid and binding.

Defendant Albert G. Branch, a resident, citizen and taxpayer of the parish of Washington, having a substantial interest in the subject matter, answered admitting the factual allegations, but denied the validity of the bonds or the lease agreement. Defendant's contest of the validity of the bonds is based upon two principal propositions and two alternative contentions:

(1) The Legislature was without authority to amend Sections 991-1001 of Title 39 by eliminating the election requirement. The clause, "without in any way depriving the Legislature of its right to amend R.S. 39:991 to R.S. 39:1001, inclusive" contained in Article XIV, Section 14 (b.3), is not broad enough to permit repeal of the election requirement.
(2) By adopting Article XIV, Section 14(b.3) the voters relied upon the requirement for an election contained in Sections 991-1001 of Title 39. That section of the Constitution is therefore a mandate that bonds be issued only after they are authorized in an election, which is required by the law as expressed in Liter v. City of Baton Rouge, 258 La. 175, 245 So.2d 398 (1971).

Alternatively, defendant alleges in his answer that (1) if it is found that the Legislature had the right to remove the election requirement, the amendatory act (No. 433 of 1972) was nevertheless inadequate to accomplish this purpose, for it contains no affirmative language authorizing the issuance of bonds without an election, and (2) Section 501 of Title 39, not amended by Act 433 of 1972, requires an election; and Section 992, also not amended, requires an election to fix the maximum interest on industrial revenue bonds.

The trial court gave judgment in favor of the District, rejecting defendant's contentions. On appeal to the First Circuit, the judgment was reversed and Act 433 of 1972, amending Sections 991-1001 of Title 39 of the Revised Statutes, was declared unconstitutional. 273 So.2d 597.

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