Louisiana Revised Statutes 15:1109.4 – A. The board may purchase or otherwise acquire, construct, reconstruct, rehabilitate, improve, repair, operate, lease as lessor or lessee, manage, and administer or enter into contra
Terms Used In Louisiana Revised Statutes 15:1109.4
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Board: means the board of commissioners of the Acadiana Regional Juvenile Justice District. See Louisiana Revised Statutes 15:1109
- Commission: means the Acadiana Regional Juvenile Justice District Commission. See Louisiana Revised Statutes 15:1109
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- District: means the Acadiana Regional Juvenile Justice District. See Louisiana Revised Statutes 15:1109
- Facility: means any juvenile detention facility, shelter care facility, or any other similar juvenile justice facility. See Louisiana Revised Statutes 15:1109
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease-purchase contract: means the financing and acquisition of property by a person pursuant to an arrangement under which such person acquires title to property, constructs a facility on the property, and enters into a lease-purchase contract with the commission providing for the leasing of the property, including a facility on the property, to the commission and the acquisition of title to the property by the commission at the end of the lease period. See Louisiana Revised Statutes 15:1109
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. The board may purchase or otherwise acquire, construct, reconstruct, rehabilitate, improve, repair, operate, lease as lessor or lessee, manage, and administer or enter into contracts for the management, administration, and operation of a juvenile detention facility or facilities, shelter care facility or facilities, or such other juvenile justice facilities as are useful, necessary, expedient, or convenient to carry out the plans and purposes of the commission and for the orderly conduct of its business. Such facilities may include but are not limited to office facilities, parking facilities, diagnostic facilities, dormitories, residential units, administration and social service buildings, cafeteria buildings, gymnasia, educational and recreational buildings, and other similar facilities for delinquent, neglected, or abused children or children in need of care or supervision, as well as for employees, patrons, visitors, and relatives of children who may enter the juvenile justice system, or who are in need of care or supervision. In addition, the commission may lease, purchase, or acquire by donation or exchange any property, immovable or movable, tangible or intangible, from any person, firm, or corporation, including the state and its agencies and political subdivisions.
B. The district may enter into a lease or lease-purchase contract with any state, parish or local agency or person, firm, or corporation, public or private, for the acquisition of a facility with a term not to exceed thirty years upon such terms and conditions as the board shall deem proper. Any such lease or lease-purchase contract need not be advertised and bid, and to that extent the district shall be exempt from the provisions of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950. The obligation to make payments under a lease or lease-purchase contract shall not constitute, give rise to, or be construed as an indebtedness within the meaning of any constitutional, statutory, or home rule charter debt limitation. However, any such contract shall contain the following annual appropriation dependency clause:
“The continuation of this contract is contingent upon the continued appropriation of funds by the board to fulfill the requirements of the contract. If the board fails to appropriate sufficient monies, to provide for the continuation of the contract, or if such appropriation is reduced by any means provided in the appropriation resolution to prevent the total appropriations for the year from exceeding revenues for that year or for any other lawful purpose and the effect of such reduction is to provide insufficient funds for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.”
C. The board may also take any of the following actions:
(1) Authorize and approve upon such terms as it may deem advisable, contracts of employment for a superintendent or administrator and other necessary personnel for operating the facility and contracts for legal, financial, architectural, engineering, and other professional services necessary or expedient for the conduct of its affairs.
(2) Adopt rules and regulations for the operation and maintenance of the facility.
(3) Accept available federal, state, or other public or private funds allocated for the purpose of establishing, improving, operating, or maintaining the facility.
(4) Cooperate with juvenile or other courts and public agencies within the district or in other participating parishes.
(5) Generally, do all things lawful and proper to provide temporary, custodial care, supervision, and education of juveniles.
(6) Perform any function and exercise any power necessary, proper, or requisite for the administration and management of its affairs.
Acts 2023, No. 166, §1, eff. June 7, 2023.