§ 33:3813 — Appointments of waterworks commissioners; terms; vacancies

Louisiana § 33:3813

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§3813. Appointments of waterworks commissioners; terms; vacancies
A. In the ordinance creating a waterworks district under this Chapter, the police jury
shall appoint five commissioners recommended in the petition for the creation of the district.
B. If no recommendation is made in the said petition, or no petition is received, the
police jury shall exercise discretion in the choice of said commissioners. The said five
commissioners shall, at their first meeting, determine by lot their terms of office, which shall
be respectively, one, two, three, four and five years, and they shall serve until their successors
shall have been appointed and qualified. Thereafter all commissioners shall serve at the
pleasure of the authority which appointed them.
C.(1) Where one municipality, or any part of a municipality, is to be included in the
district, the membership of the board of commissioners shall consist of eight members, five
to be appointed as above provided, one additional member to be appointed by the police jury
and the remaining two to be appointed by the governing authority of the municipality
included in the district. If two municipalities, or parts of municipalities, are included, the
governing authority of each such municipality shall be entitled to appoint one member and
the police jury shall be entitled to appoint two additional members. In the event more than
two municipalities are included, the two municipalities having the largest population within
the district shall appoint the two members representing the municipalities and the police jury
shall appoint two additional members. If one or more municipalities are included in the
district and no recommendations for appointments to the board from said municipalities are
made in the petition to create the district, or no petition is received, the governing authority
of the municipalities shall exercise discretion in the choice of commissioners.
(2) However, for the Lafourche Water District, whose membership is provided by
R.S. 33:3812(C), the police jury shall appoint all the members except that the member,
appointed by the police jury from an apportioned area in which a municipality is located,
shall be appointed by the police jury from a list of names furnished by the governing
authority of the municipality within the Lafourche Water District. The Lafourche Parish
Police Jury shall appoint members to the board who shall represent apportioned population
areas within the Lafourche Water District. The apportioned population areas to be
represented shall be determined by the Lafourche Parish Police Jury based on population and
using the most recent census information available.
(3) Notwithstanding the provisions of Paragraph (1) of this Subsection, the board of
commissioners of Assumption Parish Waterworks District shall consist of eleven members.
One member shall be appointed by the parish governing authority for each of the nine wards
in the parish and two members shall be appointed by the governing authority of the
municipality located within the parish.
(4) Notwithstanding any provision of this Section to the contrary, if any portion of
the territory contained in Waterworks District No. 9 of Ward 4 of Calcasieu Parish is
annexed by a municipality, the membership of the board shall remain at five commissioners,
all appointed by the police jury of Calcasieu Parish.
(5) Notwithstanding the provisions of R.S. 33:3813(C)(1), the membership of the
board of commissioners of the West Allen Parish Water District shall be comprised of seven
members. Five members shall be appointed by the police jury as provided in this Section,
and the remaining two members shall be appointed by the governing authority of the
municipality included within the waterworks district.
(6) Notwithstanding the provisions of this Section, the membership of the board of
commissioners of each waterworks district in West Baton Rouge Parish shall be comprised
of five members. The members shall be appointed by the police jury as provided in this
Section, except that in a district which includes the entirety of a municipality, two members
shall be appointed by the governing authority of the municipality. The provisions of this
Subsection shall not apply to the board of commissioners for West Baton Rouge Parish
Water Works District No. 1.
(7) Notwithstanding any other provision of this Section to the contrary, the
membership of the board of commissioners of the Livingston Parish Ward Two Water
District shall be comprised of seven members. The members shall be appointed by the
governing authority of Livingston Parish.
(8) Notwithstanding any other provision of law to the contrary, the governing
authority of the parish of Pointe Coupee may provide, by ordinance, for the membership of
the governing board of Waterworks District No. 1 of Pointe Coupee Parish. The ordinance
shall provide that the members of the governing board shall be appointed by the parish
governing authority. Members of the governing board shall serve at the pleasure of the
parish governing authority.
D. The provisions of the foregoing paragraph shall not apply to the Village of
Sarepta in Webster Parish.
E. Where the membership of the board of districts hereafter created consists of eight
or nine commissioners, the commissioners shall, at their first meeting, determine by lot their
terms of office. One member shall serve for a term of one year; one member shall serve for
a term of two years; one member shall serve for a term of three years; three members shall
serve for a term of four years; and the remaining members shall serve for a term of five years.
Thereafter all commissioners shall serve at the pleasure of the authority which appointed
them.
F. Where one or more municipalities, or any part of such municipality or
municipalities, are included in a district already in existence on December 25, 1964, the
membership of the board of such district shall be increased to either eight or nine members
in accordance with the provisions of this Chapter. After the additional three or four members
have been appointed in accordance with the provisions of this Chapter, the additional
members shall, at the first meeting of the board after their appointment, determine by lot their
initial terms of office. One member shall serve for a term of one year; one member shall
serve for a term of two years; one member shall serve for a term of three years; and the fourth
new member, if there be one, shall serve for a term of four years. Thereafter all
commissioners shall serve at the pleasure of the authority which appointed them.
G. Recommendations for the original appointment shall be made upon petitions in
writing. If more than one petition is presented the appointments shall be made from the
recommendation contained in the petition representing the greatest amount of assessed value
of property in the waterworks district.
H. Petitions shall be tabulated and submitted to the clerk of court and the assessor
of the parish wherein the district is located for ratification as to correctness. They shall be
acted upon at the next meeting following by the police jury.
I. Any vacancy which occurs by expiration or otherwise of any commissioner
appointed by the police jury shall thereafter be filled by the police jury, at its sole discretion
and any vacancy which occurs by expiration or otherwise of any commissioner appointed by
the governing authority of a municipality included in the district shall thereafter be filled by
the governing authority of said municipality, at its sole discretion.
J. These provisions shall apply to existing waterworks districts, as well as those
hereafter created. Where any existing district contains one or more municipalities or any part
of such municipalities, the board of commissioners shall consist of eight or nine members
and the governing authority of the municipality or municipalities included in the district shall
and the police jury, within sixty days after December 25, 1964, fill the vacancies thus
created, the terms of the appointments to be five years.
K.(1) Notwithstanding any provision of this Section or of any other law to the
contrary, the board of commissioners of Waterworks District No. 3 of the Parish of Rapides,
State of Louisiana, shall be composed of nine members. The members shall be appointed
as follows:
(a) Five of such members shall be appointed by the parish governing authority of
Rapides Parish.
(b) Three of such members shall be appointed by the governing authority of the town
of Ball with the approval of the mayor of Ball.
(c) One of such members shall be appointed by the governing authority of the city
of Pineville with the approval of the mayor of Pineville.
(2) The members appointed pursuant to Subparagraphs (1)(b) and (c) of this
Subsection need not be residents of the respective municipalities.
(3) It is the intent of the legislature in enacting this Subsection that two of the
members of the board of commissioners of Waterworks District No. 3 of the Parish of
Rapides, State of Louisiana, in office on June 13, 2001, who were appointed by the
governing authority of Rapides Parish shall be replaced by members appointed as provided
in Subparagraph (1)(b) of this Subsection. In order to implement this Subsection, on June
13, 2001, two offices on the board designated by the governing authority of Rapides Parish
that are held by board members who were appointed by the governing authority of Rapides
Parish shall be vacated by operation of law and these vacancies shall be filled as provided
in Subparagraph (1)(b) of this Subsection. The members so appointed shall serve at the
pleasure of the authority that appointed them.
NOTE: SEE ACTS 1989, NO. 51, §2.
NOTE: See AGO 01-260 relative to village of Sarepta. Concludes that
Subsection C does not apply to Sarepta by reason of Acts 1966, No. 302
which added Subsection D.

Legislative History

Amended by Acts 1954, No. 210, §1; Acts 1956, No. 229, §1; Acts 1964, No. 441, §1; Acts 1964, Ex.Sess., No. 26, §2; Acts 1966, No. 302, §1; Acts 1974, No. 440, §1; Acts 1975, No. 108, §1; Acts 1985, No. 573, §1; Acts 1985, No. 574, §1; Acts 1989, No. 51, §1; Acts 1993, No. 206, §1; Acts 2001, No. 353, §1, eff. June 13, 2001; Acts 2021, No. 144, §1, eff. June 11, 2021; Acts 2023, No. 275, §1, eff. June 9, 2023.