§ 33:4169 — Collection contracts for sewerage service charges; access charges; enforcement

§4169. Collection contracts for sewerage service charges; access charges; enforcement
procedures for delinquent charges
A.(1) Any municipal corporation, parish, or sewerage district operating a sewerage
system shall have power to execute a contract with any municipal corporation, parish, water
district, or private water company operating a water system serving customers in the area
served by said sewerage system, and any municipal corporation, parish, water district, or
private water company is authorized and empowered to execute and enter into a contract with
any municipal corporation, parish, or sewerage district providing sewerage service to
customers of said municipal corporation, parish, water district, or private water company,
which contract may contain such terms and privileges as may be agreed upon between the
parties thereto pursuant to which service charges imposed for service rendered by the
sewerage system will be collected for the municipal corporation, parish, or sewerage district
by the municipal corporation, parish, water district, or private water company and which
shall include provisions for a procedure to enforce collection of sewer charges by an
agreement to shut off the service of the supply of water to any premises delinquent in the
payment of either its water charges or sewer charges.
(2) Such municipal corporation, parish, or sewerage district may agree to supply any
such municipal corporation, parish, water district, or private water company operating a
water system with such indemnity bond or liability insurance as such municipal corporation,
parish, water district, or private water company may consider necessary for its protection.
(3) Any such contract shall not require the approval of any state department, agency,
or commission.
(4) It is the policy of this state that any municipal corporation, parish, or sewerage
district operating a sewerage system may in its discretion assess a charge to any premises for
the connection of such premises to such sewerage system.
B.(1) Any municipal corporation, parish, or water district operating a water system
shall have the power to execute a contract with any municipal corporation, parish, sewerage
district, or private sewerage company serving customers in the area served by said sewerage
system, and any municipal corporation, parish, sewerage district, or private sewerage
company is authorized and empowered to execute and enter into a contract with any
municipal corporation, parish, or water district providing water service to the customers of
said municipal corporation, parish, sewerage district, or private sewerage company, which
contract may contain such terms and privileges as may be agreed upon between the parties
thereto pursuant to which service charges imposed for service rendered by the municipal
corporation, parish, sewerage district, or private sewerage company will be collected by the
municipal corporation, parish, or water district and which shall include provisions for a
procedure to enforce collection of sewer charges by an agreement to shut off the services of
the supply of water to any premises delinquent in the payment of either its water charges or
sewer charges.
(2) The municipal corporation, parish, or water district may require any such
municipal corporation, parish, sewerage district, or private sewerage company operating a
sewerage system to supply such indemnity bond or liability insurance as the municipal
corporation, parish, or water district may consider necessary for its protection.
(3) Any such contract shall not require the approval of any state department, agency,
or commission.
(4) It is the policy of this state that any municipal corporation, parish, or water
district operating a water system may in its discretion assess a charge to any premises for the
connection of such premises to such water system.
C.(1) In the parish of Jefferson, any such contract as authorized in Subsections A and
B of this Section may be executed for a term up to twenty-five years.
(2)(a) Notwithstanding any other provision of law to the contrary, a municipality,
parish, water district, or private water company operating a water system serving customers
in the area served by Sewerage District No. 1 for Tangipahoa Parish shall collect the service
charges imposed by the sewerage district from the water customers of the municipality,
parish, water district, or private water company.
(b) The governing authority of Tangipahoa Parish may enact ordinances to enforce
the provisions of this Paragraph, which may include provisions requiring the disconnection
of water services for failure to timely pay service charges imposed by the district. Such
ordinances shall provide for the reimbursement of costs incurred in collecting such service
charges.
(c) Each municipality, parish, water district, or private water company required to
collect service charges pursuant to this Paragraph shall be liable for damages suffered by the
district as a result of the failure to collect such charges.
D. Any municipal corporation, parish, or sewerage or water district shall have the
power to execute and enter into a contract with any private company for the construction of
sewerage or wastewater treatment facilities and for the operation of such facilities. Any such
private company shall have in its construction and operation of such facilities the same ad
valorem and sales tax liability exemption as the municipal corporation, parish, or sewerage
or water district with which it contracts for such purpose.
E.(1) Any municipal corporation, parish, sewerage or water district is authorized to
carry out the provisions of this Section as acts of government on behalf of the state as
sovereign, and to the extent the governing authority deems necessary or appropriate is further
authorized to displace competition and provide a monopoly public service.
(2) All immunity of the state of Louisiana from liability under antitrust law is hereby
extended to any municipal corporation, parish, sewerage or water district acting within the
scope of the grants of authority contained in this Section, and when so acting, a parish,
municipal corporation, sewerage district, or water district shall be presumed to be acting in
furtherance of state policy.
F. For the purposes of this Section, a sewerage or water district shall include any
sewerage or water board, authority, or district created pursuant to Chapters 8, 9, or 10 of this
Title.

Legislative History

Acts 1984, No. 332, §1; Acts 1984, No. 912, §1, eff. July 20, 1984; Acts 1988, No. 131, §1, eff. June 29, 1988; Acts 1991, No. 267, §1; Acts 1991, No. 289, §10; Acts 2004, No. 411, §1; Acts 2011, 1 st Ex. Sess., No. 20, §1, eff. June 12, 2011; Acts 2017, No. 124, §1.