Louisiana Revised Statutes 33:4570.11 – Recreation and park commission; St. John the Baptist Parish
Terms Used In Louisiana Revised Statutes 33:4570.11
- Contract: A legal written agreement that becomes binding when signed.
- Ex officio: Literally, by virtue of one's office.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Quorum: The number of legislators that must be present to do business.
A. There is hereby created a recreation and park commission within the parish of St. John the Baptist, whose authority shall extend to the whole of such parish, inclusive of all municipalities within the parish. Any such commission shall be known as the “Recreation and Park Commission of the Parish of St. John the Baptist”.
B.(1) The commission shall be composed of commissioners appointed as follows:
(a) Two shall be appointed by the parish president, subject to approval of the parish council, from a list of four nominations submitted by the chamber of commerce active in the parish.
(b) Two shall be appointed by the parish president, subject to approval of the parish council, from a list of four nominations submitted by the principals and athletic directors of public high schools in the parish.
(c) One shall be appointed by the parish president, subject to approval of the parish council, from a list of two nominations submitted by the parish sheriff.
(d) Four shall be appointed by the parish president, subject to approval of the parish council, from a list of nominations compiled from one nomination from each member of the parish council.
(e) Any vacancy which is not filled within sixty days after the occurrence of the vacancy shall be filled by appointment of the governor from nominations submitted by the parish delegation in the Louisiana House of Representatives and subject to approval of the parish delegation in the Louisiana Senate.
(2) Each commissioner shall be a qualified voter of the parish.
(3) The initial terms of three members shall be one year, the initial terms of three members shall be two years, and the initial terms of the remaining members shall be three years as determined by lot at the first meeting of the commission. Subsequent terms of all members shall be three years.
(4) Vacancies which occur for reasons other than the expiration of a term shall be filled by the appointing body for the unexpired portion of the term.
(5) All commission members shall serve without compensation.
C.(1) The commission shall elect a chairman, a vice chairman, and a treasurer whose terms of office shall be one year.
(2) Five members shall constitute a quorum of the commission for all purposes.
(3) The commission may employ a person who shall be designated as “recreation director”. The commission shall prescribe and pay the annual salary of the director. The recreation director shall not be a member of the commission but shall serve ex officio as secretary of the commission.
D. The commission shall have perpetual existence and shall have the following rights and powers:
(1) To incur debts and contract obligations.
(2) To sue and be sued.
(3) To acquire by purchase, donation, easement, and otherwise, except by expropriation, from other political entities or from any other source, money and property, movable and immovable, tangible and intangible, and to own, administer, alienate, and otherwise dispose of the said money and property.
(4) To contract generally.
(5) To adopt an official seal.
(6) To have and enjoy all of the rights, powers, and immunities incident to public corporations engaged in public recreational and public park purposes.
(7) To own, acquire, develop, and administer lands for public parks and other properties and improvements, movable and immovable, tangible and intangible, as well as additional rights, leases, concessions, and privileges for public recreational and park purposes generally.
(8) To adopt and promulgate rules and regulations within the scope of this Section to apply to its own governmental functions and to control and regulate the public recreational and park facilities under its jurisdiction.
E.(1) The commission shall have full power and authority on its own motion or upon recommendation of its director to make such studies and investigations as it may deem necessary in formulating policies or in determining the wisdom and efficiency of policies, plans, and procedures to be carried out in acquiring, developing, and operating public recreational and park facilities that will be available to all of the people of the parish. The policies and plans and procedures thus formulated shall be binding upon the director.
(2) The director shall have the power and authority to make recommendations as to said policies, plans, and procedures.
(3) The director shall also have the authority to establish and abolish employment positions, to transfer duties between positions, to assign duties, to direct and control, transfer, promote, demote, and otherwise change the status of all employees of the said commission, to nominate any and all such employees, and to recommend the salary to be paid in each case. Such nominations and recommendations shall finally be passed upon by the commission.
(4) The commission shall not act in the actual administration of public recreation and park facilities except through the director, or through someone acting under this authority, and every lawful act of the director performed in his capacity as director pursuant to the provisions of this Section and the rules and regulations of the commission shall be the act of the commission.
F. The commission shall be a political subdivision of the state of Louisiana within the meaning of the state law relating to the incurring of debt and issuing negotiable bonds and levying a tax to provide for the servicing of said bonds in principal and interest. Where any proposal is made by the commission to incur debt or issue negotiable bonds therefor:
(1) Such bonds shall run for a period not to exceed forty years.
(2) The interest rate shall not exceed the maximum rate prescribed by law.
(3) The proceeds shall be used by the commission to purchase lands and properties as park areas, to purchase other recreational properties and facilities, or to develop such park areas and recreational facilities all so as to make them available to all of the people of the parish.
G. In accordance with the provisions of La. Const. Art. VI, § 32 and any other applicable provisions of the constitution and laws of the state, the commission may impose and collect from year to year taxes upon all of the taxable property carried on the assessment roles of the parish which, in the aggregate and exclusive of any taxes levied to pay debt service on bonds of the commission, shall not exceed eighteen mills on the dollar of assessed value as the commission shall determine. The proceeds of any such tax shall be used in acquiring, developing, maintaining, and operating the public parks and recreational properties and facilities of the commission and in making available funds for the operating budget.
H. No new tax of the commission shall be levied and no bonds shall be issued herein except upon approval of the qualified electors of the parish who vote in a special election held for such purpose in accordance with the provisions of the Louisiana Election Code.
I. Any tax approved by the voters, and as that tax may be fixed by the commission under the authority thus obtained, either independently or for bond purposes as provided by this Section, shall be carried upon the assessment roles of the parish as are other tax assessments and shall be collected by the sheriff and ex officio tax collector of the parish at the same time and in the same manner as other taxes, with the proceeds to be delivered by the sheriff to the treasurer of the commission to be deposited and administered by the commission for the purposes herein shown. The treasurer and all other officers and employees of the commission who actually receive any money or deposits or who disburse or handle the funds of the commission or any part or portion thereof shall be required to post bond, in the same manner and for such amount as is now required of other public officials. The cost of any such bonds shall be provided by the commission.
Acts 1997, No. 1431, §1; Acts 2011, 1st Ex. Sess., No. 20, §1, eff. June 12, 2011.