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Regular Session, 2011
SENATE BILL NO. 42
BY SENATOR WALSWORTH
ELECTED OFFICIALS. Repeals certain powers and duties of the city of Bastrop. (gov sig)
AN ACT1
To amend and reenact Paragraph (6) of Section 5 of Act No. 253 of the 1952 Regular2
Session of the Legislature, as amended by Act No. 623 of the 2010 Regular Session3
of the Legislature; Paragraph (15) of Section 5 of Act No. 253 of the 1952 Regular4
Session of the Legislature; and Section 6 of Act No. 253 of the 1952 Regular Session5
of the Legislature, as amended by Act No. 623 of the 2010 Regular Session of the6
Legislature, relative to the city of Bastrop; to provide relative to the powers and7
duties of the city; to provide relative to restrictions; to provide relative to penalties8
for the violation of city ordinances; and to provide for related matters.9
Notice of intention to introduce this Act has been published.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Paragraph (6) of Section 5 of Act No. 253 of the 1952 Regular Session12
of the Legislature, as amended by Act No. 623 of the 2010 Regular Session of the13
Legislature; Paragraph (15) of Section 5 of Act No. 253 of the 1952 Regular Session of the14
Legislature; and Section 6 of Act No. 253 of the 1952 Regular Session of the Legislature,15
as amended by Act No. 623 of the 2010 Regular Session of the Legislature, are hereby16
enacted to read as follows:17 SB NO. 42
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Section 5. Enumerated powers. In addition to the powers and capacities1
granted by other Sections of this Act, the City city of Bastrop shall have power:2
* * *3
(6) Acquisition and alienation of property. To acquire for any municipal4
purpose ownership of or a lesser interest in or to property within and or without its5
boundaries by the city's boundaries by expropriation, quick taking, purchase, gift,6
devise, lease or expropriation exchange and to hold, manage, control, exchange and7
sell or lease such property as its interest may appear; provided that no real estate8
shall be sold by the city except at public sale by sealed bid or public auction, and9
nothing shall prohibit the exchange of real estate. The procedure procedures for10
expropriation and for quick taking shall be as provided for by law.11
* * *12
(15) Waterworks, electric plants, and gas plants, and utilities. To erect,13
purchase, expropriate, take, quick take, maintain, and operate waterworks, electric14
plants, and gas plants, and public utility services within or without its corporate15
limits, with the pipe, and transmission lines and other methods of delivery incident16
thereto, for the purpose of supplying water, gas, and electricity, communication,17
data, electronic media and other or like public utility services within and or without18
the city city's boundaries, to charge and collect compensation therefor, and to19
provide penalties for unauthorized use thereof; or to contract with any person for the20
erection and/or maintenance and operation of waterworks, electric plants, or gas21
plants, or utility services for terms not exceeding twenty-five years and subject to22
regulation and fixing of rates by the city or the public service commission as23
provided by law. No contract for the erection, purchase, or maintenance and24
operation of waterworks, electric plants or gas plants shall be entered into until25
submitted to a vote of the qualified electors and approved by a majority of those26
voting.27
* * *28
Section 6. Enforcement provisions.29 SB NO. 42
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The city of Bastrop may provide suitable penalties, not exceeding a fine of1
five hundred dollars or imprisonment for not more than six months, or both, for any2
one offense, for the violation of any of the regulatory ordinances which it is3
authorized to enact under this Act; however, in the cases of operating a vehicle4
while intoxicated, reckless operation of a vehicle, and hit and run driving, the5
penalties may exceed such limits except that in every instance authorized or6
permitted by state law, penalties may be imposed in excess of such limits but shall7
not exceed the penalties authorized for the violation of such state crimes. Such8
offenses shall be cognizable by the City Court of Bastrop or any other court of9
competent jurisdiction. The city may also require licenses or permits whenever such10
requirement will facilitate the enforcement of any regulatory ordinance enacted11
under the provisions of this Act or any law. The city may contract with the police12
jury of Morehouse Parish, which is empowered in the premises, for the use of the13
parish jail by the municipality.14
* * *15
Section 2. This Act shall become effective upon signature by the governor16
or, if not signed by the governor, upon expiration of the time for bills to become law17
without signature by the governor, as provided by Article III, Section 18 of the18
Constitution of Louisiana. If vetoed by the governor and subsequently approved by19
the legislature, this Act shall become effective on the day following such approval.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Walsworth (SB 42)
Present law (Act No. 253 of 1952 R.S.) creates and provides by special legislative charter
for the city of Bastrop. Defines the boundaries, provides for the administration of its affairs,
and provides relative to the powers and duties of the city and its officers.
Present law includes within the powers and duties of the city the power to acquire for any
municipal purpose ownership of or a lesser interest in or to property inside and outside the
boundaries of the city. Authorizes the city to acquire such property by expropriation,
purchase, gift, devise, or lease. Grants the city quick taking powers and authorizes the city
to acquire property or a lesser interest in property by exchange. Clarifies that the city may
acquire property or a lesser interest in or to property inside or outside the boundaries of the
city. SB NO. 42
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Proposed law removes the city's quick taking powers and authorizes the city to acquire
property or a lesser interest in property by exchange.
Present law authorizes the city to hold, manage, control, and sell or lease any such property
as it may appear. Prohibits, however, real estate from being sold by the city except at public
sale. Authorizes the city to dispose of such property by exchange. Requires that real estate
sold at public sale be sold by sealed bid or public auction. Provides that nothing shall
prohibit the exchange of real estate.
Proposed law retains present law but removes the city's authorization to dispose of real estate
by exchange.
Present law provides that procedures for expropriation and quick taking shall be as provided
by law.
Proposed law retains present law only as it applies to expropriation.
Present law includes within the powers of the city the power to erect, purchase, expropriate,
maintain, and operate waterworks, electric plants, and gas plants inside or outside the city
limits, including the pipe and transmission lines incident thereto. Additionally authorizes the
district to take and quick take any such waterworks, electric plants, and gas plants. Further
authorizes the city to erect, purchase, expropriate, take, quick take, maintain, and operate
public utility services. In addition to transmission lines, includes other methods of delivery
incident to such public utilities.
Proposed law retains present law but removes the authority of the district to take and quick
take any such waterworks, electric plants, and gas plants. Further removes the authority of
the city to erect, purchase, expropriate, take, quick take, maintain, and operate public utility
services. Except for transmission lines, removes other methods of delivery incident to such
public utilities.
Present law provides that for the purpose of supplying water, gas, and electricity inside or
outside the city boundaries, the city may charge and collect compensation for any such
purpose and provide penalties for unauthorized use of water, gas, and electricity. Further
authorizes the city to charge and collect compensation for the purpose of supplying
communication, data, electronic media and other or like public utility services and to provide
penalties for the unauthorized use thereof.
Proposed law retains present law but removes the city's authority to charge and collect
compensation for the purpose of supplying communication, data, electronic media and other
or like public utility services and to provide penalties for the unauthorized use thereof.
Present law authorizes the city to contract with any person for the erection and/or
maintenance and operation of waterworks, electric plants, or gas plants for terms not
exceeding 25 years and subject to regulation and fixing of rates by the city or the public
service commission as provided by law. Further authorizes the city to enter into any such
contract for the erection, maintenance, and operation of utility services for terms not
exceeding 25 years and subject to regulation and fixing of rates by the city or the public
service commission as provided by law.
Proposed law retains present law but removes the city's authority to enter into any such
contract for the erection, maintenance, and operation of utility services for terms not
exceeding 25 years and subject to regulation and fixing of rates by the city or the public
service commission as provided by law.
Present law authorizes provisions for suitable penalties, not exceeding a fine of $500 or
imprisonment for not more than six months, or both, for any one offense, for the violation
of any of the regulatory ordinances which it enacts. Provides, however, that the penalties SB NO. 42
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may exceed such limits in every instance authorized or permitted by state law, in the case
of operating a vehicle while intoxicated, reckless operation of a vehicle, and hit and run
driving. Provides that penalties shall not exceed penalties authorized for the violation of state
crimes.
Proposed law retains present law but removes provision that specifically authorizes that
penalties may exceed limits in every instance authorized or permitted by state law, in the
case of operating a vehicle while intoxicated, reckless operation of a vehicle, and hit and run
driving.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends Para. (6) and (15) of §5 and §6 of Act No. 253 of the 1952 R.S.)