Louisiana Revised Statutes 28:470.11 – Lafourche Arc Taxing District; creation; governance; funding
Terms Used In Louisiana Revised Statutes 28:470.11
- 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
- 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.
- 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 within the parish of Lafourche, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Lafourche Arc Taxing District, referred to in this Section as the “district”. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.
B. The boundaries of the district shall include all of the territory included within wards one, two, three, four, five, six, seven, eight, nine, and eleven of the parish of Lafourche.
C. The district is established for the primary object and purpose of providing services, training, advocacy, resources, and community connections to individuals with developmental disabilities.
D.(1) The district shall be governed by a board of commissioners, referred to in this Section as the “board”, composed of seven members, all of whom shall be appointed by the governing authority of the parish of Lafourche.
(2) Board members shall serve terms as provided in the bylaws adopted by the board.
(3) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(4) Board members shall be eligible for reappointment.
(5) Board members shall serve without compensation.
(6) The board shall elect from its members a chair, a vice chair, a secretary, and a treasurer. The board may combine such offices or elect other officers as it deems necessary.
(7) The board shall keep minutes of all meetings and shall make them available through the secretary of the board to residents of the district. The minute books and archives of the district shall be maintained by the secretary of the board. The monies, funds, and accounts of the district shall be in the official custody of the board.
(8) The board may adopt bylaws or such other rules and regulations as it deems necessary or advisable for conducting its business affairs.
(9) The board shall hold regular meetings at least quarterly and may hold special meetings at such times and places within the district as may be prescribed by the board.
(10) A majority of the members of the board shall constitute a quorum for the transaction of business.
E. The district shall have and exercise all powers of a political subdivision necessary or convenient for the purpose of funding the district and carrying out its objects and purposes, including but not limited to the following:
(1) To incur debt.
(2) To sue and be sued.
(3) To adopt, use, and alter at will a corporate seal.
(4) To adopt bylaws and rules and regulations.
(5) To receive by gift, grant, or donation any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.
(6) To enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual.
(7) To elect officers and appoint agents and employees, prescribe their duties, and fix their compensation.
(8) To acquire property by purchase, gift, grant, donation, or lease.
(9) To establish monetary, bank, and investment accounts.
(10) To establish committees and subcommittees.
F. The district shall not be deemed to be an instrumentality of the state for purposes of La. Const. Art. X, § 1(A) .
G. The district, through the board, may levy and collect an ad valorem tax not to exceed two mills on the dollar of assessed valuation upon all taxable immovable property situated within the boundaries of the district. The district may levy the tax only if the amount, term, and purpose of such tax, as set out in a proposition submitted to a vote in accordance with the Louisiana Election Code, has been approved by a majority of the qualified electors of the district voting on the proposition at an election held for that purpose.
H.(1) The board shall adopt an annual budget in accordance with the Local Government Budget Act, La. Rev. Stat. 39:1301 et seq.
(2) The district shall be subject to audit by the legislative auditor pursuant to La. Rev. Stat. 24:513.
I. It is the purpose and intent of this Section that the additional services, training, advocacy, resources, and community connections provided to individuals with developmental disabilities through the funding authorized in this Section shall be supplemental to and not in lieu of such training, advocacy, resources, and community connections provided by other private and public entities located within the parish of Lafourche.
Acts 2015, No. 291, §1.