§1109.4. Board of commissioners; general authority
A.The board may purchase or otherwise acquire, construct, reconstruct, rehabilitate,
improve, repair, operate, lease as lessor or lessee, manage, and administer or enter into
contracts for the management, administration, and operation of a juvenile detention facility
or facilities, shelter care facility or facilities, or such other juvenile justice facilities as are
useful, necessary, expedient, or convenient to carry out the plans and purposes of the
commission and for the orderly conduct of its business. Such facilities may include but are
not limited to office facilities, parking facilities, diagnostic facilities, dormitories, residential
units, administration and social service buildings, cafeteria buildings, gymnasia, educational
and
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§1109.4. Board of commissioners; general authority
A. The board may purchase or otherwise acquire, construct, reconstruct, rehabilitate,
improve, repair, operate, lease as lessor or lessee, manage, and administer or enter into
contracts for the management, administration, and operation of a juvenile detention facility
or facilities, shelter care facility or facilities, or such other juvenile justice facilities as are
useful, necessary, expedient, or convenient to carry out the plans and purposes of the
commission and for the orderly conduct of its business. Such facilities may include but are
not limited to office facilities, parking facilities, diagnostic facilities, dormitories, residential
units, administration and social service buildings, cafeteria buildings, gymnasia, educational
and recreational buildings, and other similar facilities for delinquent, neglected, or abused
children or children in need of care or supervision, as well as for employees, patrons, visitors,
and relatives of children who may enter the juvenile justice system, or who are in need of
care or supervision. In addition, the commission may lease, purchase, or acquire by donation
or exchange any property, immovable or movable, tangible or intangible, from any person,
firm, or corporation, including the state and its agencies and political subdivisions.
B. The district may enter into a lease or lease-purchase contract with any state, parish
or local agency or person, firm, or corporation, public or private, for the acquisition of a
facility with a term not to exceed thirty years upon such terms and conditions as the board
shall deem proper. Any such lease or lease-purchase contract need not be advertised and bid,
and to that extent the district shall be exempt from the provisions of Chapter 10 of Title 41
of the Louisiana Revised Statutes of 1950. The obligation to make payments under a lease
or lease-purchase contract shall not constitute, give rise to, or be construed as an
indebtedness within the meaning of any constitutional, statutory, or home rule charter debt
limitation. However, any such contract shall contain the following annual appropriation
dependency clause:
"The continuation of this contract is contingent upon the continued appropriation of
funds by the board to fulfill the requirements of the contract. If the board fails to appropriate
sufficient monies, to provide for the continuation of the contract, or if such appropriation is
reduced by any means provided in the appropriation resolution to prevent the total
appropriations for the year from exceeding revenues for that year or for any other lawful
purpose and the effect of such reduction is to provide insufficient funds for the continuation
of the contract, the contract shall terminate on the date of the beginning of the first fiscal year
for which funds are not appropriated."
C. The board may also take any of the following actions:
(1) Authorize and approve upon such terms as it may deem advisable, contracts of
employment for a superintendent or administrator and other necessary personnel for
operating the facility and contracts for legal, financial, architectural, engineering, and other
professional services necessary or expedient for the conduct of its affairs.
(2) Adopt rules and regulations for the operation and maintenance of the facility.
(3) Accept available federal, state, or other public or private funds allocated for the
purpose of establishing, improving, operating, or maintaining the facility.
(4) Cooperate with juvenile or other courts and public agencies within the district or
in other participating parishes.
(5) Generally, do all things lawful and proper to provide temporary, custodial care,
supervision, and education of juveniles.
(6) Perform any function and exercise any power necessary, proper, or requisite for
the administration and management of its affairs.