§ 48:1092 — Method of creation

Louisiana § 48:1092

• Jurisdiction: Louisiana
• Title 48: Roads, Bridges and Ferries

Text

A. Whenever the governing body of one or more parishes desires to create an authority under this Part, a resolution shall be adopted by the parish or parishes to constitute the authority, signifying the intention to do so, and a certified copy of such resolution shall be delivered forthwith to the governor. Each such resolution shall set forth the exact purpose for which the authority is to be created and the name of the parish or parishes which will participate in and be represented on the authority. If the authority is composed of two or more parishes it shall be composed of one member from each parish which will participate in the authority, each such member to be appointed by the governor from a panel of three names to be submitted by the governing body of each such parish, and of an additional number of members to be appointed directly by the governor, such additional members to equal in number the aggregate of the members appointed from the aforesaid panels submitted by the parish governing bodies. If the authority is to be composed of only one parish it shall be composed of seven members who shall be appointed by the governor from a panel of not less than fourteen names submitted by the parish governing authority; provided, however, that, notwithstanding any other provision of law to the contrary, the Iberville Parish Bridge and Ferry Authority shall be composed of nine members. In addition, the State Department of Highways shall make and furnish to the Iberville Parish Bridge and Ferry Authority the results of a study to determine a feasible location within the vicinity of the city of Plaquemine for the constructing of a bridge across the Mississippi River.
If the authority is composed of two or more parishes, the members initially appointed from the panels submitted by the governing bodies of the parishes, as aforesaid, shall be appointed for terms of four years each, and if the members to be appointed directly by the governor are not more than two in number they shall be appointed for terms of five years each, while all additional members to be appointed directly by the governor shall be appointed for terms of six years each. If the authority is to be composed of only one parish, three of the initial members shall be appointed for terms of three years each, two of the members shall be initially appointed for terms of four years each and the remaining two for initial terms of five years each. At the expiration of the initial terms for all authorities, their successors shall be appointed for terms of six years each.
In the event any person so appointed ceases to be a member of the authority for any reason, his successor shall be appointed by the governor in the same manner and for the unexpired term of office. Each member shall be a citizen of the United States and a qualified voter and taxpayer of the State of Louisiana, and if the authority is composed of only one parish the members shall also be qualified voters and taxpayers in the parish where the authority is created.
In the event the governing body of any parish participating in the authority shall fail to submit a panel of names to the governor at the time of delivery to him of its resolution signifying its intention to create the authority, and also in the event any such governing body shall fail to submit a panel of names to the governor prior to the expiration of any term of its member from which the governor can appoint such member's successor, then, in either event, the governor shall appoint directly a member to represent such governing body on the authority.
B. In addition to the foregoing method of creating bridge and ferry authorities under this Part, whenever the governor shall deem it in the public interest to do so, he may, with approval thereof by adoption or enactment of a legislative instrument by the legislature, create a bridge and ferry authority under this Part which shall consist of one member from each parish to participate in and be represented on said authority and an equal number of members to be appointed at large, all to be appointed directly by the governor; provided that if the authority is composed of only one parish, it shall consist of three members from the parish, all to be appointed by the governor.
C. The authority shall elect from among its own members a chairman, a vice-chairman and a secretary-treasurer, whose respective duties shall be prescribed by the authority. The authority shall meet in regular session once each month, and shall also meet in special session at the call of the chairman or at the request of three members of the authority. A majority of the members shall constitute a quorum, and all actions or resolutions of the authority must be approved by the affirmative vote of not less than a majority of all members of the authority. The authority shall prescribe rules to govern its meetings and shall fix the place at which the meetings shall be held.
D. Each authority created hereunder is hereby declared to be a body corporate and politic, constituting an instrumentality of the State of Louisiana exercising public and essential governmental functions, and the exercise by the authority of the powers conferred by this Part in the acquisition, construction, operation and maintenance of bridges and ferries shall be deemed and held to be an essential governmental function of the State of Louisiana. The authority shall not be deemed to be a public utility and shall not be subject in any respect whatever to the authority, control or supervision of the Louisiana Public Service Commission. The authority shall possess all the powers provided in this Part, and such powers shall be exercised within the geographical limits of the parish or parishes constituting the authority.
E. Each member of an authority created hereunder shall be paid a per diem of twenty-five dollars for each day of attendance at meetings of the authority or on business for the authority at its direction.

Legislative History

Acts 1958, No. 526, §2. Amended by Acts 1969, No. 57, §1; Acts 1977, No. 627, §1, eff. July 20, 1977.