§ 33:4690.11

Louisiana § 33:4690.11

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§4690.11. City of Covington special public improvement districts
A. The legislature recognizes that the government of the city of Covington operates under the provisions of a home rule charter, the "charter", adopted in accordance with the provisions of Article VI, Section 5 of the Constitution of Louisiana and that pursuant to that charter and R.S. 33:361, it has all powers necessary to perform any function necessary, requisite or proper for the management of its affairs not denied by law.
B. Without limiting any authority of the city council of the city of Covington authorized by the charter or by law, the city council may:
(1) Create public improvement districts that shall consist of areas of territory within the city that may or may not be contiguous.
(2) Designate the public purpose or purposes for which said districts are created.
(3) Authorize the performance of such governmental functions as the council may deem appropriate.
(4) Designate a governing authority for such district which may or may not be the city council.
(5) Designate that certain concessions be made for the elderly and low income persons and provide definitions for the same.
C. Without limiting the city council's authority to delineate and describe the powers of any such district, the district may be authorized to perform any of the following:
(1) To fix, maintain, collect, and revise rates and charges for the equipment or facilities of the district and the services rendered thereby.
(2) To make bylaws for the management and regulation of its affairs.
(3)(a) To levy and collect a parcel fee within its boundaries, which parcel fee shall be imposed by resolution by the governing authority of such district only after the question of the imposition of the parcel fee and the purpose, rate, and duration of the parcel fee has been approved by a majority of the voters residing in such district voting at an election held therein.
(b) The proceeds of such parcel fee shall be expended for any lawful district purpose.
(c) Any parcel fee imposed pursuant to this Section shall be levied and collected and be due and owing annually. Such fee may be carried on the tax rolls of St. Tammany Parish and collected at the same time as parish ad valorem taxes. If any parcel fee is not paid when due, such district shall proceed against the parcel for the collection of the amount of the fee unpaid and delinquent, any collection costs incurred by such district plus interest at a rate not exceeding twelve percent on the unpaid amount of the parcel fee, and in the event legal proceedings are necessary to effect collection, court costs and reasonable attorney fees. However, attorney fees shall be payable by the parcel owner only if demand by the governing authority of such district has been made on the parcel owner by registered or certified mail, and such parcel owner has failed to pay the amount due within ten days after such demand. A judgment obtained for nonpayment of a parcel fee, upon being recorded in the mortgage records in St. Tammany Parish, shall prime all other liens except those for taxes and prior recorded local or special assessments.
(d) If there are one or more property mortgages on such parcel and the mortgage holder or holders have notified the tax collector in St. Tammany Parish of such recorded mortgage in accordance with the requirements of R.S. 47:2180.1, a district, prior to proceeding against such parcel for failure to pay a parcel fee, shall give notice to each mortgage holder of the amount of the parcel fee due and owing on such parcel and that such parcel fee must be paid within twenty days after the mailing of the notice or proceedings will be commenced against the parcel. Such notice shall be sent to each such mortgage holder by certified mail return receipt requested or made by personal or domiciliary service on such mortgage holder.
(4) To incur debt and issue bonds payable in whole or in part from an irrevocable pledge and dedication of all or a portion of the proceeds of a parcel fee, provided that the question of funding said proceeds into bonds shall have been approved by a majority of the voters residing in such district voting at an election held therein, except that in a district having less than twenty-five eligible voters all voters must approve. Such bonds may be sold at public or private sale and shall be issued pursuant to the provisions of a resolution adopted by the governing authority of such district. The bonds shall mature over a period not to exceed the period for which the parcel fee, the proceeds of which are to be used to pay principal and interest on the bonds, is authorized. Such bonds and the income therefrom shall be exempt from taxation by the state of Louisiana and by any parish, municipality, or political subdivision thereof.
(5) To incur debt and borrow money as otherwise provided by law, including but not limited to the right to issue certificates of indebtedness pursuant to the provisions of R.S. 33:2921 through 2925, inclusive, subject to the approval of the State Bond Commission.
(6) To cooperate with and enter into cooperative endeavor agreements with agencies of the United States of America or the state and its various departments and political subdivisions, including public improvement districts and the city of Covington, for the construction, acquisition, operation, and maintenance of public improvements, including but not limited to water, sewerage, paving, and drainage facilities or to accomplish the purpose for which the public improvement district is created.
D. As used in this Section, "parcel" means a lot, a subdivided portion of ground, or an individual tract.
Acts 1992, No. 968, §1, eff. July 9, 1992.