§ 34:2203 — Duties and powers of the commission

Louisiana § 34:2203

• Jurisdiction: Louisiana
• Title 34: Navigation and Shipping

Text

§2203. Duties and powers of the commission
A. The commission shall exercise the powers herein conferred upon it,
within the port area, which shall consist of the entire Parish of Terrebonne.
B. The commission shall regulate the commerce and traffic within the
port area in such manner as may, in its judgment, be for the best interest of the
port area. Title to all property and improvements thereon acquired by the
commission shall vest in the commission. The commission is hereby vested
with authority to:
(1) Employ such officers, agents and employees as it deems necessary
for the performance of its powers and duties and to prescribe the powers and
duties and fix the compensation of such officers, agents and employees.
(2) Contract, upon such terms as it may agree upon, for legal, financial,
engineering and other professional services necessary or expedient in the
conduct of its affairs.
(3) Utilize the services of the executive departments of the state upon
mutually agreeable terms and conditions.
(4) Own, construct, acquire, operate and maintain docks, wharves,
landings, elevators, sheds, warehouses, basins, locks, slips, laterals, canals,
levees and all other property, structures, equipment, facilities and works of
public improvement necessary or useful for port, harbor and/or terminal
purposes.
(5) Maintain proper depths of water at all wharves and landings, and
dredge and maintain shipways, bayous, waterways, channels, slips, basins and
turning basins.
(6) Establish harbor lines within the port area by agreement with the
U.S. corps of engineers, and establish, operate and maintain navigable
waterway systems in cooperation with the federal government, the state of
Louisiana and its various agencies, subdivisions and public bodies.
(7) Construct, own, operate and maintain terminal rail facilities and
other common carrier rail facilities for the purpose of rendering rail
transportation to and from the facilities to be erected, owned and operated by
the commission in both intrastate and interstate commerce.
(8) Acquire by expropriation, in accordance with the expropriation
laws of the state, any properties necessary for the construction of port facilities
and a deep sea channel, provided, however, that said port commission shall not
have the right to expropriate minerals or mineral rights, and shall not have the
right to expropriate existing facilities. Should the properties expropriated
hereunder cease to be used for the purposes for which they were expropriated,
such properties shall revert to the original landowner, or his heirs or assigns,
provided such landowner, or his heirs or assigns, shall reimburse said port
commission, or its successor, in the full amount originally paid by the port
commission for such land.
(9) Acquire, by purchase, lease or otherwise, industrial plant sites and
necessary property or appurtenances therefor, and acquire or construct
industrial plant buildings, with necessary machinery and equipment, within
such port area.
(10) Receive by gift, grant, donation, or otherwise any sum of money,
or property, aid or assistance from the United States, the State of Louisiana, or
any political subdivision thereof, or any person, firm or corporation.
(11) Provide such light, water, police protection and other services for
its facilities as it deems advisable.
(12) Establish and charge reasonable fees, rates, tariffs or other charges
for the use of all facilities administered by it and for all services rendered by
it.
(13) Charge for each copy of any certificate issued by it or by any of
its officers or employees for inspecting hatches, surveying cargo, or making
other surveys or inspections of vessels in the port area, but shall furnish,
without charge, to the master of each such vessel one copy of all surveys upon
his vessel or cargo.
(14) Charge a reasonable fee to each vessel arriving in ballast or
carrying cargo of any kind.
(15) Make and enter into contracts, leases and other agreements with
railroads, trucking companies, barge lines and with any and all companies
interested in the transportation, storage or shipping of goods and other
products, whether by rail, truck line, barge line, ocean going vessels or
otherwise, for the use of facilities administered by the commission or any part
or portion thereof, for a period not exceeding forty years; provided, however,
that no exclusive franchise shall be granted to any carrier.
(16) Lease or sublease for processing, manufacturing, commercial
business purposes, lands or buildings owned, acquired or leased as lessee by
it, which leases may run for any term not exceeding forty years at a fixed
rental, or may run for a term not exceeding ninety-nine years if they contain a
clause or clauses for readjustment of the rentals upon the expiration of a
primary term of forty years.
(17) Borrow money for the administration, operation, construction and
maintenance costs and expenses of the port, from time to time, and issue
certificates of indebtedness secured by any fees and the tax hereinafter
authorized, provided that such loan or loans shall not exceed in any one year,
the estimated revenues for that year.
(18) Mortgage properties constructed or acquired by the commission
and pledge any lease or leases and the rents, income and other advantages
arising out of any lease or leases granted, assigned or subleased by the
commission.
(19) Sell immovable property owned by the commission after legal
notice as provided by law for the judicial sale of immovable property.
(20) Do any and all things necessary or proper for the government,
regulation, development and control of the business of the commission.
The legislature may confer additional powers upon the commission not
inconsistent with the provisions hereof; provided that no such provisions shall
impair any contract lawfully entered into by the commission.

Legislative History

Added by Acts 1964, No. 485, §1.