§ 48:1309 — Service charge authorized for Ouachita Parish; assessment and collection

A.(1) The governing authority of any road lighting district situated wholly within the geographical boundaries of Ouachita Parish is hereby authorized to establish, by majority vote of the members of the authority, a service charge or rates of service charge to be assessed to persons occupying residential and nonresidential structures, and persons owning unoccupied structures located wholly or partly within the boundaries of a road lighting district, and persons owning lots located wholly or partly within the boundaries of a road lighting district as customers of the district, subject to Subsection B of this Section.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the governing authority of any road lighting district situated wholly within the geographical boundaries of Ouachita Parish may establish, by majority vote of the members of the authority, a service charge or rates of service charge to be assessed to persons owning parcels of immovable property located wholly or partly within the boundaries of a road lighting district, subject to Subsection B of this Section.
(3) Such service charge or rates of service charge shall be equal for all customers and shall be framed so as to cover and shall be used for the cost of any and all of the following components of road lighting district services:
(a) Payment of utility charges incurred in the provision of road lighting.
(b) The maintenance and operation of road lighting district facilities and equipment.
(c) Cost of collection of service charges pursuant to Subsections C and D of this Section.
B. Service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the road lighting district. However, the resolution assessing the service charges shall be adopted by the governing authority only after the question of the assessment, the method of assessment, and the amount of the service charge or rates of service charges established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.
C. The governing authority of any road lighting district assessing a service charge or rates of service charge for road lighting services to customers of the district as provided in this Section shall also have the authority to use any necessary and proper means to collect and enforce the collection of such service charges, including contracting with another political subdivision within Ouachita Parish or a utility regulated by the Louisiana Public Service Commission to effect such collection.
D. Service charges assessed against the owners of parcels of immovable property within a road lighting district pursuant to this Section shall be carried on the tax rolls for Ouachita Parish and shall be added to the annual ad valorem tax bill for such parcels. Such service charges shall be collected and become due and delinquent at the same times as parish ad valorem taxes are collected and become due and delinquent. The sheriff of Ouachita Parish may use any reasonable means to collect and enforce the collection of such service charges, including any means authorized by law for collection of taxes. The governing authority of the road lighting district shall reimburse the sheriff an amount equal to five percent of the amount of such service charges actually collected from property owners. The collection charge shall be in addition to such service charges and shall also be added to the ad valorem tax bill for such parcels.

Legislative History

Acts 1987, No. 132, §1; Acts 1990, No. 384, §1; Acts 2008, No. 285, §1, eff. July 1, 2008.