Louisiana 2010 Regular Session

Louisiana House Bill HB539 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 522
Regular Session, 2010
HOUSE BILL NO. 539
BY REPRESENTATIVES KATZ AND ROSALIND JONES AND SENATORS
KOSTELKA, THOMPSON, AND WALSWORTH
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 Elementary school and the property12
on which they are located, hereafter in this Section referred to as the "school", to any person13
at a public or 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
(C) Any opposition to the proposed ordinance shall be made in writing and filed21
with the school board within fifteen days after final publication of notice. If opposition is22
filed, the school board may not adopt the ordinance until after it holds a hearing regarding23
the sale.  The ordinance shall not become effective until ten days after its adoption, during24 ENROLLEDHB NO. 539
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which time any interested citizen may apply to the district court having jurisdiction in1
Ouachita Parish for an order restraining the sale of the property.  After the ordinance2
becomes effective, it may not be contested for any reason.3
(D) The school board may utilize the procedures provided in R.S. 41:892 when4
selling the school; however, if the school board complies with the provisions of this Section,5
the minimum sale price for the school shall be as established by the ordinance adopted6
pursuant to this Section and not as established by R.S. 41:892.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: