§ 33:4342 — Election to determine whether to dispose of utility property; certified check as

§4342. Election to determine whether to dispose of utility property; certified check as
guaranty of good faith
A. Except as otherwise provided in R.S. 33:4341, when a written and signed
proposition has been made to the governing authority of any municipality or parish for the
purchase, lease, or other acquisition of any of the properties owned by it, and franchise for
operation of same, and which written proposition shall contain a complete and detailed
statement of all terms and provisions of the franchise, the governing authority may submit
to the qualified electors, at a special election called for that purpose, the question of whether
or not the offer made shall be accepted. Upon presentation of a petition signed by electors,
qualified to vote in a number equal to twenty percent of those who participated in the last
preceding election held in the parish or municipality, requesting the governing authority to
accept any proposition made to it for the purchase or lease of any of the revenue-producing
municipal properties and franchise for its operation, the governing authority within fifteen
days after the delivery of the petition to them or to their clerk, shall call a special election
within fifty days of the date of filing the petition, at which they shall submit to the qualified
electors the question of whether or not the offer made shall be accepted.
B. Every proposition to purchase, as herein provided, shall be accompanied by a
certified check for ten thousand dollars, as a guaranty of good faith, which check shall be
forfeited to the municipality or parish, in event the proponent, if its proposition be accepted,
does not comply with and consummate the offer.

Legislative History

Amended by Acts 1972, No. 111, §2; Acts 2025, No. 452, §1.