Terms Used In Louisiana Revised Statutes 33:4578

  • Bequest: Property gifted by will.
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • Personal property: All property that is not real property.
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

A.  There is hereby created the Ward 4 of Acadia Parish Community Center District.  The district shall consist of the entire area within Ward 4 of Acadia Parish, including any municipalities in such ward.  The district is created for the purposes of building and operating a community center within the district.

B.(1)  The control and management of the affairs of the district shall be vested in a board of commissioners that is hereby created.  The board shall consist of ten members charged with administering the activities of the district.  All members of the commission shall be qualified voters and residents of the district.  Commissioners shall be appointed by the Acadia Parish governing authority in such a manner as to provide broad representation of the communities within the district.

(2)  The members of the commission shall be appointed for terms of four years, except for those initially appointed.  Of those initially appointed, three members shall be appointed for two years, three members for three years, and four members for four years; the length of the term for each individual appointed shall be determined by lot at the initial meeting of the board.  The members shall serve until their successors have been appointed and qualified.  The commissioners shall elect from their number a chairman, vice chairman, and secretary-treasurer.  The commissioners shall serve without compensation. No elected public official shall be eligible for appointment to the commission.

(3)  All vacancies occurring on the commission shall be filled in the manner of the original appointment.  Unexpired terms shall be filled for the remainder of the unexpired term.

(4)  A majority of the membership of the board shall constitute a quorum for the transaction of business.  No contracts shall be approved or financial obligations incurred by less than a majority of the board of commissioners.

C.(1)  The district shall constitute a body corporate in law and a political subdivision of the state.  The district shall have perpetual existence and shall have power and right to incur debt and contract obligations, to sue and be sued, to have a corporate seal, and to perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for effectuating the purposes and objects for which it is created.

(2)  The district may be sued at its domicile and service of citation made on the president, and in his absence, upon the vice president, and in his absence, upon the secretary.

D.  The board shall have all powers necessary or convenient to effectuate the purposes of the district, including but not limited to the following rights and powers:

(1)  To acquire, purchase, lease as lessee, and hold and use any property, movable or immovable, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the district, and to sell, lease as lessor, transfer, and dispose of any property or interest therein at any time acquired by it.

(2)  To acquire by purchase, lease, or otherwise and to construct, develop, maintain, and operate a community center and the programs and events undertaken therein.

(3)  To enter into agreements with any persons, corporations, associations, or other entities, including public corporations, political subdivisions, the United States government and agencies thereof, the state of Louisiana or any of its agencies, or any combination thereof, for the operation or use of any or all properties and facilities of the district.

(4)  To enter into contracts with any public or private entity in carrying out its corporate objectives, including but not limited to contracts for construction or acquisition of property and facilities incident to the purposes of the district.

(5)  To fix, collect, and revise rates, charges, and rentals for facilities and services as necessary.

(6)  To adopt bylaws for the management and regulation of its affairs and for the regulation and control of its facilities, programs, and activities.

(7)  To accept gifts, grants, and donations of property and money.  Title to immovable property acquired shall reside with the Ward 4 of Acadia Parish Community Center District.

(8)  To cooperate with the state of Louisiana or any political subdivision, department, agency, or corporation of the state for the construction, operation, and maintenance of facilities designed to accomplish the purposes for which the district is created, on any basis, including the matching of funds, and by participating in projects authorized by federal or state law as the board shall see fit.

(9)  To pledge all or any part of its revenues.

(10)  To levy and collect annual ad valorem taxes to the extent permitted by law.  Ad valorem taxes may be levied at a rate not to exceed fifteen mills.  Any such tax shall be used solely for the acquisition, construction, development, maintenance, operation, and administration of the facilities of the district and shall be subject to approval by a majority of the electors of the district voting at an election called by the district and held for that purpose.  The taxes, when levied, shall be from year to year or for such period of years in accordance with the proposition authorizing the imposition of such taxes. The district, upon its own initiative, may call a special election and submit to the qualified electors of the district the question of authorizing the levy of such a tax.  The district shall call such a special election when requested to do so by petition in writing signed by one-fourth of the qualified electors eligible to vote at such election.  These taxes shall be levied, assessed, and collected on the property within the district under the same methods, terms, and conditions and at the same time as parish and district taxes are levied, assessed, and collected.

(11)  To grant total or partial exemptions from any tax, subject to approval by a majority of the electors of the district voting at an election.  Any such exemption shall be stated in the proposition authorizing the imposition of said tax.

(12)  To govern, manage, and direct the community center and associated facilities, to lay out, regulate, improve, and beautify the same, to pass ordinances for the regulation and government thereof, to appoint and employ such architects, engineers, surveyors, clerks, and others as may be necessary, to prescribe and define their respective duties and authority, the amount of their compensation, and generally all things in regard to the powers herein granted.

(13)  To acquire or lease lands, and to acquire, lease, construct, and maintain buildings, within the corporate limits of such body, for the community center, and when the governing body of such political subdivision dedicates, sets apart, acquires, constructs, or leases land or buildings for such purposes, it may, on its own initiative, provide for their equipment, maintenance, and conduct, according to the provisions set forth herein.

(14)  To accept any grant or device of real estate, or any gift or bequest of money or other personal property, or any donations to be applied, principal, or income for either temporary or permanent use for the community center.

(15)  The district, when authorized to do so by a vote of a majority of the electors residing in the district qualified to vote and voting at an election held for such purpose, is authorized to incur debt for any of its lawful purposes and issue in its name negotiable bonds or notes for such purposes in accordance with Chapter 4 and Part IV of Chapter 11 of Title 39 of the Louisiana Revised Statutes of 1950 and all other applicable provisions of law.  The district may pledge for the payment of the principal and interest of such negotiable bonds or notes the revenues derived from the operation of properties and facilities maintained and operated by it or received by the district from any taxes authorized by this Section or from other sources; however, the amount of such bonds or notes outstanding at any one time shall not exceed twenty million dollars.  Such bonds, when authorized to be issued, shall constitute a general obligation of the district, to which the full faith and credit of the district shall be and is hereby pledged.  In addition to the pledge of revenues to secure said bonds and notes, the district may further secure their payment by conventional mortgage upon any or all of the properties constructed, or acquired, or to be constructed and acquired by it.  The district also may receive, by gift, grant, donation, or otherwise, any sum of money, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, and unless otherwise provided by the terms of such gift, grant, or donation in its discretion, may pledge all or any part of such monies for the further securing of the payment of the principal and interest of its bonds or notes.

E.  If no community center has been approved or developed, in accordance with the procedures prescribed in this Section, within ten years from and after January 1, 1998, all power and authority conferred hereby shall lapse, the district shall be dissolved, and all power and authority incident thereto shall become null and void as a matter of law; however, in such event, all obligations, contractual or otherwise, incurred by the district during its existence shall survive and shall be fully enforceable in accordance with their terms.

Acts 1997, No. 1079, §1, eff. July 14, 1997.