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Regular Session, 2010
HOUSE BILL NO. 539
BY REPRESENTATIVE KATZ AND SENATORS KOSTEL KA, THOMPSON, AND
WALSWORTH
SCHOOLS/BOARDS: Authorizes the Monroe school board to sell the Georgia Tucker
school at public or private sale
AN ACT1
To authorize and provide for the sale of specified school property by the City of Monroe2
School Board; to authorize such sale at public auction or private sale; to require an3
ordinance providing for such sale; to provide for public notice and a public hearing;4
to provide for legal challenges to the sale; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1.(A) Notwithstanding any provision of law to the contrary, the City of10
Monroe School Board, hereafter in this Section referred to as the "school board", may sell11
buildings and facilities known as the Georgia Tucker school and the property on which they12
are located, hereafter in this Section referred to as the "school", to any person at a public or13
private sale in accordance with this Section.14
(B) Before the school board sells the school, it shall adopt an ordinance giving the15
reasons for the action, establishing the method of sale, and fixing the minimum price and16
terms of the sale. Prior to adoption of such ordinance, notice of the proposed ordinance must17
be published three times in fifteen days, one week apart, in the official journal of the school18
board. The notice shall also be posted on the Monroe City Schools website for the same19
fifteen-day period.20 HLS 10RS-783 ORIGINAL
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(C) Any opposition to the proposed ordinance shall be made in writing and filed1
with the school board within fifteen days after final publication of notice. If opposition is2
filed, the school board may not adopt the ordinance until after it holds a hearing regarding3
the sale. The ordinance shall not become effective until ten days after its adoption, during4
which time any interested citizen may apply to the district court having jurisdiction in5
Ouachita Parish for an order restraining the sale of the property. After the ordinance6
becomes effective, it may not be contested for any reason.7
(D) The school board may utilize the procedures provided in R.S. 41:892 when8
selling the school; however, if the school board complies with the provisions of this Section,9
the minimum sale price for the school shall be as established by the ordinance adopted10
pursuant to this Section and not as established by R.S. 41:892.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Katz HB No. 539
Abstract: Authorizes the City of Monroe School Board to sell the Georgia Tucker school
at public auction or private sale.
Proposed law authorizes the City of Monroe School Board to sell the Georgia Tucker school
at public auction or private sale. Requires the school board to adopt an ordinance giving the
reasons for the action, establishing the method of sale, and fixing the minimum price and
terms of the sale. Requires the school board to publish notice regarding the ordinance in its
official journal and to post the notice on the Monroe City Schools website. Provides that
opposition to the ordinance shall be filed, in writing, within 15 days after final published
notice. Requires the school board to hold a hearing if opposition is filed. Provides that the
ordinance does not become effective until 10 days after its passage, during which time any
interested citizen may apply to the district court for an order restraining the sale of the
property. Proscribes any challenge to the ordinance after it becomes effective.
Present law (R.S. 41:891 and 892) establishes general procedures for sale of school board
property that is no longer needed for school purposes. Requires sale through an auctioneer
by public auction or sealed bids. Requires advertisement of the sale. Prohibits sale for less
than the appraised value. Proposed law provides that the Monroe school board may sell the
Georgia Tucker school in accordance with such procedures, but if it complies with proposed HLS 10RS-783 ORIGINAL
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law, the minimum sale price for the sale shall be as established in the ordinance and not the
appraised value.
Effective upon signature of governor or lapse of time for gubernatorial action.