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2016 Regular Session
SENATE BILL NO. 82
BY SENATOR MORRISH
PORTS/HARBORS/TERMINALS. Creates the Cameron Parish Port, Harbor, and Terminal
District. (1/1/17)
1 AN ACT
2 To enact Chapter 52 of Title 34 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 34:5201 through 5205, and to repeal Chapters 31 and 32 of Title 34 of the
4 Louisiana Revised Statutes of 1950, comprised of R.S. 34:2501 through 2506 and
5 R.S. 34:2551 through 2556, relative to port, harbor, and terminal districts; to create
6 the Cameron Parish Port, Harbor, and Terminal District; to create the Cameron
7 Parish Port Commission to administer such district; to provide for its members,
8 duties, and powers, including its authority to levy taxes and to issue bonds; to
9 terminate the East Cameron Port, Harbor and Terminal District and the East
10 Cameron Port Commission; to terminate the West Cameron Port, Harbor and
11 Terminal District and the West Cameron Port Commission; to provide for an
12 effective date; and to provide for related matters.
13 Notice of intention to introduce this Act has been published.
14 Be it enacted by the Legislature of Louisiana:
15 Section 1. Chapter 52 of Title 34 of the Louisiana Revised Statutes of 1950,
16 comprised of R.S. 34:5201 through 5205, is hereby enacted to read as follows:
17 CHAPTER 52. CAMERON PARISH PORT COMMISSION
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1 §5201. Creation of district
2 The Cameron Parish Port, Harbor, and Terminal District, hereinafter
3 referred to as the "district", is hereby created as a political subdivision of the
4 state with full corporate powers. The territorial limits and territorial
5 jurisdiction of the district shall be composed of all of the area comprising
6 Wards 1, 2, 3, 4, 5, and 6 of the parish of Cameron. The district shall have such
7 authority, power, and jurisdiction as provided in this Chapter.
8 §5202. Governing authority
9 A. The Cameron Parish Port Commission, hereinafter referred to as the
10 "commission", is hereby created and established as the governing authority of
11 the district. The commission shall be composed of eleven commissioners, who
12 shall be appointed as follows:
13 (1) Six commissioners appointed by the governing authority of the parish
14 of Cameron with one commissioner appointed from each ward of the parish
15 who shall be a qualified voter and taxpayer residing in the ward from which he
16 is appointed.
17 (2) Four commissioners appointed by the governing authority of the
18 parish of Cameron with one commissioner each appointed from Ward 3, 4, 5,
19 and 6 of the parish who shall be a qualified voter and taxpayer residing in the
20 ward from which he is appointed.
21 (3) One commissioner appointed by the other members of the
22 commission who shall be a qualified voter and taxpayer residing within the
23 parish of Cameron.
24 B. The members of the commission shall be appointed for terms of four
25 years, except for those initially appointed pursuant to Paragraphs (A)(2) and (3)
26 of this Section who shall serve a term of two years. Thereafter, the successors
27 of all commissioners shall be appointed to serve for terms of four years. Each
28 commissioner, except the commissioner appointed by the other commission
29 members, shall serve at the pleasure of the governing authority of the parish of
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1 Cameron. The commissioner appointed by the other members of the
2 commission shall serve at the pleasure of the commission members.
3 C. All vacancies occurring on the commission shall be filled in the
4 manner of the original appointment for the remainder of the unexpired term of
5 the outgoing commissioner.
6 D. The commission shall fix the per diem of its members; however, the
7 per diem of each member shall not exceed twenty dollars per day during the
8 time such member is in actual attendance upon the board. Such per diem shall
9 be payable for a maximum of two days per month. The commission may
10 authorize a reasonable travel allowance for the commissioners in the
11 performance of their official duties.
12 E. The commission shall elect from among the commissioners a
13 president, a vice president, a secretary, and a treasurer, whose respective duties
14 shall be prescribed by the commission. At the option of the commission, the
15 offices of secretary and treasurer may be held by the same person.
16 F. The commission shall meet in a regular session once each month, and
17 shall also meet in a special session at the call of the president of the commission,
18 or on the written request of six or more commissioners. The commission shall
19 prescribe rules to govern its meetings and shall fix the place at which meetings
20 shall be held. A majority of the commissioners shall constitute a quorum for the
21 transaction of business and all actions or resolutions of the commission, to be
22 valid, shall be approved by the affirmative vote of not less than a majority of the
23 members present.
24 §5203. Powers of the district; commission
25 A. The district, acting by and through the commission, shall regulate the
26 commerce and traffic within the district in such a manner as may, in its
27 judgment, be for the best interest of the state. Title to all property and
28 improvements thereon operated by the commission shall be in the public and
29 shall vest in the district.
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1 B. The district, acting by and through the commission, shall have and
2 exercise all powers of a political subdivision necessary or convenient for the
3 carrying out of its objects and purposes, including but not limited to the
4 following, and is hereby vested with authority:
5 (1) To sue and to be sued.
6 (2) To adopt, use, and alter at will a corporate seal.
7 (3) To employ such officers, agents, and employees as it deems necessary
8 for the performance of its powers and duties, to prescribe the powers and duties
9 and to fix the compensation of such officers, agents, and employees.
10 (4) To contract, upon such terms as it may agree upon, for legal,
11 financial, engineering, and other professional services necessary or expedient
12 in the conduct of its affairs.
13 (5) To enter into contracts for purchase, acquisition, construction, and
14 improvement of public works and facilities necessary in connection with the
15 purposes of the district.
16 (6) To utilize the services of the executive departments of the state upon
17 mutually agreeable terms and conditions.
18 (7) To own, construct, acquire, operate, and maintain docks, wharves,
19 landings, elevators, sheds, warehouses, basins, locks, slips, laterals, canals, and
20 all other property, structures, equipment, facilities, and works of public
21 improvement necessary or useful for port, harbor, or terminal purposes.
22 (8) To maintain proper depths of water at all wharves and landings; to
23 dredge and maintain shipways, channels, slips, basins, and turning basins.
24 (9) To establish harbor lines, also known as structural limit lines, within
25 the port area by agreement with the Corps of Engineers of the United States.
26 (10) To construct, own, operate, and maintain terminal rail facilities and
27 other common carrier rail facilities for the purpose of rendering rail
28 transportation to and from the facilities and those to be erected, owned, and
29 operated by the commission in both intrastate and interstate commerce.
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1 (11) To acquire property, including rights-of-ways, necessary for the
2 benefit and advantage of regulating commerce and traffic within its
3 jurisdiction, by gift, grant, purchase, or expropriation in accordance with the
4 laws of the state, provided that it shall not have the right to expropriate
5 minerals or mineral rights, and that its power to expropriate shall not apply or
6 extend to any existing publicly or privately owned wharf, dock, warehouse,
7 elevator, industrial plant site, industrial structure, or other facility constructed
8 on or adjacent to any navigable waterway, natural or man-made, or to the
9 replacement, improvement, and operation by the owners, lessees, or permittees
10 thereof, or their successors and assigns. Additionally, the district shall not have
11 the right to expropriate land under lease or option to lease on the effective date
12 of this Chapter. Should the properties expropriated under the authority herein
13 conferred cease to be used for the purposes for which they were expropriated,
14 such properties shall revert to the original land owner or his heirs or assigns,
15 provided such land owner or his heirs or assigns shall reimburse said district
16 or commission, or its successor, in the full amount originally paid by the district
17 or commission for such land; to hold and use any franchise or property, real,
18 personal, or mixed, tangible or intangible, or any interest therein, necessary or
19 desirable for carrying out the objects and purposes of the district, including but
20 not limited to the establishment, maintenance, and operation of industrial
21 parks, ports, harbors, and terminals.
22 (12) To acquire by purchase or lease industrial plant sites and necessary
23 property or appurtenances therefor; to acquire or construct industrial plant
24 buildings, with necessary machinery and equipment, within such district.
25 (13) To receive by gift, grant, donation, or otherwise, any sum of money,
26 aid, or assistance from the United States, the state of Louisiana, or any political
27 subdivision thereof.
28 (14) To provide such light, water, police protection, and other services
29 for its facilities within the territorial limits and territorial jurisdiction of the
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1 district as it deems advisable.
2 (15) To establish and charge reasonable fees, rates, tariffs, or other
3 charges for the use of all facilities administered by it and for all services
4 rendered by it.
5 (16) To charge a reasonable fee to each vessel for the use of its facilities
6 in the port area in ballast or carrying cargo of any kind, provided that it shall
7 not charge any fee, rate, tariff, or other charge to any vessel in ballast or cargo
8 on account of passage through the district unless such vessel or cargo makes use
9 of its facilities or services and shall not by any rule, regulation, or other act
10 require the use of its facilities or services.
11 (17) To charge for each copy of any certificate issued by it or by any of
12 its officers or employees for inspecting hatches, surveying cargo, or for making
13 other surveys or inspections of vessels in the district, provided it shall furnish,
14 without charge, to the master of each such vessel, one copy of all surveys upon
15 his vessel or cargo.
16 (18) To make and enter into contracts, leases, and other agreements with
17 railroads, trucking companies, barge lines, and with any and all companies
18 interested in the transportation, storage, and shipping of goods and other
19 products, whether by rail, truck line, barge line, an oceangoing vessel, or
20 otherwise, for the use of facilities administered by the commission or any part
21 or portion thereof, for a period not exceeding forty years, provided that no
22 exclusive franchise shall be granted to any carrier. The commission may lease
23 or sublease for processing, manufacturing, or commercial business purposes
24 any lands or buildings owned, acquired, or leased as lessee by it, which lease
25 may run for any term not exceeding forty years, at a fixed rental, provided that
26 any such lease may run for a term not exceeding ninety-nine years if it contains
27 a clause or clauses for readjustment of the rentals upon the expiration of a
28 primary term of forty years.
29 (19) In its own name and on its own behalf, to incur debt and to issue
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1 revenue bonds, special assessment bonds, certificates, notes, and other evidences
2 of indebtedness, and to levy and cause to be collected certain taxes as provided
3 in this Chapter and as may be provided by general law.
4 (20) To borrow money and pledge all or part of its revenues, leases,
5 rents, or other advantages as security for such loans.
6 (21) To do any and all things necessary or proper for the government,
7 regulation, development, and control of the business of the district, provided
8 that the district shall comply with the constitution, laws, and policies of the state
9 of Louisiana, including but not limited to the Public Records Law and the Open
10 Meetings Law, in carrying out its functions and duties.
11 C. Notwithstanding any provision of this Chapter, the authority, power,
12 and jurisdiction of the Cameron Parish Port, Harbor, and Terminal District is
13 subject to the provisions of R.S. 34:218.
14 D. The provisions of this Chapter shall not be construed to authorize the
15 commission to operate as a public utility or to grant a franchise for service by
16 a public utility that is regulated by the Louisiana Public Service Commission.
17 §5204. Levy of taxes
18 A. For any of the purposes within the authority delegated to the district
19 or the commission, the commission is hereby authorized to levy annually an ad
20 valorem tax not to exceed three mills on the dollar on the property subject to ad
21 valorem property tax situated in the district, when authorized by a majority of
22 the voters in the district qualified to vote under the constitution and laws of this
23 state, who vote at an election held for that purpose. Such election shall be called
24 under the conditions and be conducted in the manner prescribed by the
25 provisions of R.S. 39:551 et seq.
26 B.(1) For any of the purposes within the authority delegated to the
27 district or the commission, the commission is hereby authorized to levy annually
28 a sales and use tax on goods and property within the territorial limits or
29 territorial jurisdiction of the district, provided that any taxes levied by the
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1 commission may not exceed the limitation set forth by Article VI, Section 29(A)
2 of the Constitution of Louisiana and shall be imposed, collected, and enforced
3 subject to the terms of the resolution imposing the tax and the provisions of R.S.
4 47:335.1 et seq.
5 (2) Any taxes or assessments of any type to be levied by the district shall
6 be levied only after the commission has adopted an appropriate resolution
7 giving notice of its intention to levy such taxes or assessments, which resolution
8 shall include a general description of the taxes or assessments to be levied, and
9 notice of this intention shall be published once a week for two weeks in the
10 official journal of the district, the first publication to appear at least fourteen
11 days before the public meeting of the commission at which the commission shall
12 meet in an open and public session to hear any objections to the proposed taxes
13 or assessments. The notice of intent so published shall state the date, time, and
14 place of the public hearing. Such taxes or assessments may be levied only after
15 the commission has called a special election submitting the proposition for the
16 levy of such taxes or assessments to the qualified electors of the district, and the
17 proposition has received the favorable vote of a majority of the electors voting
18 in the election; however, in the event there are no qualified electors in the
19 district, no such election shall be required. The powers and rights conferred by
20 this Section shall be in addition to the powers and rights conferred by any other
21 general or special law. This Section does and shall be construed to provide a
22 complete and additional method for the levy of any taxes or assessments. No
23 election, proceeding, notice, or approval shall be required for the levy of such
24 taxes or assessments except as provided herein.
25 §5205. Bonds
26 A. The district, acting by and through the commission, is hereby
27 authorized and empowered to issue and sell from time to time bonds, notes,
28 renewal notes, refunding bonds, interim certificates, certificates of indebtedness,
29 certificates of participation, debentures, warrants, commercial paper, or other
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1 obligations or evidences of indebtedness to provide funds for and to fulfill and
2 achieve its public purpose or corporate purposes, as set forth in this Chapter,
3 including but not limited to the payment of all or a portion of the costs of a
4 project, to provide amounts necessary for any corporate purposes, including
5 necessary and incidental expenses in connection with the issuance of the
6 obligations, the payment of principal and interest on the obligations of the
7 district, the establishment of reserves to secure such obligations, and all other
8 purposes and expenditures of the district incident to and necessary or
9 convenient to carry out its public functions or corporate purposes, and any
10 credit enhancement for said obligations.
11 B. Except as may otherwise be provided by the commission, all
12 obligations issued by the district shall be negotiable instruments and payable
13 solely from the revenues of the district as determined by the commission, or
14 from any other sources whatsoever, that may be available to the district but
15 shall not be secured by the full faith and credit of the state.
16 C. Obligations shall be authorized, issued, and sold by a resolution or
17 resolutions of the commission. Such bonds or obligations may be of such series,
18 bear such date or dates, mature at such time or times, bear interest at such rate
19 or rates, including variable, adjustable, or zero interest rates, be payable at such
20 time or times, be in such denominations, be sold at such price or prices, at
21 public or private negotiated sale, after advertisement as is provided for in R.S.
22 39:1426, be in such form, carry such registration and exchangeability privileges,
23 be payable at such place or places, be subject to such terms of redemption, and
24 be entitled to such priorities on the income, revenue, and receipts of, or
25 available to, the district, as applicable, as may be provided by the commission
26 in the resolution or resolutions providing for the issuance and sale of the bonds
27 or obligations of the district.
28 D. The obligations of the district shall be signed by such officers of the
29 commission by either manual or facsimile signatures as shall be determined by
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1 resolution or resolutions of the commission, and shall have impressed or
2 imprinted thereon the seal of the district, or a facsimile thereof.
3 E. Any obligations of the district may be validly issued, sold, and
4 delivered, notwithstanding that one or more of the officers of the commission
5 signing such obligations, or whose facsimile signature or signatures may be on
6 the obligations, shall have ceased to be such officer of the commission at the
7 time such obligations shall actually have been delivered.
8 F. Obligations of the district may be sold in such manner and from time
9 to time as may be determined by the commission to be most beneficial, subject
10 to approval of the State Bond Commission, and the district may pay all
11 expenses, premiums, fees, or commissions, which it may deem necessary or
12 advantageous in connection with the issuance and sale thereof.
13 G. The district may authorize the establishment of a fund or funds for
14 the creation of a debt service reserve, a renewal and replacement reserve, or
15 such other funds or reserves as the commission may approve with respect to the
16 financing and operation of any project funded with the proceeds of such bonds
17 and as may be authorized by any bond resolution, trust agreement, indenture
18 of trust, or similar instrument or agreement pursuant to the provisions of which
19 the issuance of bonds or other obligations of the district may be authorized.
20 H. Any cost, obligation, or expense incurred for any of the purposes or
21 powers of the district shall be a part of the project costs and may be paid or
22 reimbursed as such out of the proceeds of bonds or other obligations issued by
23 the district.
24 I. For a period of thirty days from the date of publication of the
25 resolution authorizing the issuance of bonds hereunder, any persons in interest
26 shall have the right to contest the legality of the resolution and the legality of the
27 bond issue for any cause, after which time no one shall have any cause or right
28 of action to contest the legality of said resolution or of the bonds authorized
29 thereby for any cause whatsoever. If no suit, action, or proceeding is begun
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1 contesting the validity of the bond issue within the thirty days herein
2 prescribed, the authority to issue the bonds and to provide for the payment
3 thereof, and the legality thereof and all of the provisions of the resolution
4 authorizing the issuance of the bonds shall be conclusively presumed, and no
5 court shall have authority to inquire into such matters.
6 J. Neither the members of the commission nor any person executing the
7 bonds shall be personally liable for the bonds or be subject to any personal
8 liability by reason of the issuance thereof; however, the limitation of liability
9 provided for in this Paragraph shall not apply to any gross negligence or
10 criminal negligence on the part of any member of the commission or person
11 executing the bonds. No earnings or assets of the district shall accrue to the
12 benefit of any private person.
13 K. All obligations authorized to be issued by the district pursuant to the
14 provisions of this Section, together with interest thereof, income therefrom, and
15 gain upon the sale thereof, shall be exempt from all state and local taxes.
16 L. The state and all public officers, any parish, municipality, or other
17 subdivision or instrumentality of the state, any political subdivision, any bank,
18 banker, trust company, savings bank and institution, building and loan
19 association, savings and loan association, investment company or any person
20 carrying on a banking or investment business, any insurance company or
21 business, insurance association, and any person carrying on an insurance
22 business, and any executor, administrator, curator, trustee, and other fiduciary,
23 and any retirement system or pension fund may legally invest any sinking funds
24 monies, or other funds belonging to them or within their control in any bonds
25 or other obligations issued by the district, pursuant to the provisions of this
26 Section, and such bonds or other obligations shall be authorized security for all
27 public deposits. It is the purpose of this Section to authorize such persons, firms,
28 corporations, associations, political subdivisions and officers, or other entities,
29 public or private, to use any funds owned or controlled by them, including but
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1 not limited to sinking, insurance, investment, retirement, compensation, pension
2 and trust funds, and funds held on deposit, for the purchase of any such bonds
3 or other obligations of the district, and that any such bonds shall be authorized
4 security for all public deposits. However, nothing contained in this Section with
5 regard to legal investments or security for public deposits shall be construed as
6 relieving any such person, firm, corporation, or other entity from any duty of
7 exercising reasonable care in selecting securities.
8 Section 2. Chapters 31 and 32 of Title 34 of the Louisiana Revised Statutes of 1950,
9 comprised of R.S. 34:2501 through 2506 and R.S. 34:2551 through 2556, are hereby
10 repealed.
11 Section 3. The terms of the board of commissioners of the East Cameron Port,
12 Harbor and Terminal District and the West Cameron Port, Harbor and Terminal District
13 serving on December 31, 2016, shall terminate on that date.
14 Section 4. Any taxes, fees, or other charges authorized prior to January 1, 2017, and
15 being levied and collected by the East Cameron Port, Harbor and Terminal District and the
16 West Cameron Port, Harbor and Terminal District shall continue to be levied and collected
17 by the commission in accordance with the terms of such taxes, fees, or other charges
18 authorization.
19 Section 5. A. The Cameron Parish Port, Harbor, and Terminal District (hereinafter,
20 "district") is hereby assigned and subsumes all of the duties and responsibilities previously
21 exercised by the East Cameron Port, Harbor and Terminal District and the West Cameron
22 Port, Harbor and Terminal District (hereinafter, "East and West districts") with regard to
23 previously executed agreements, and such district may execute, sign, modify, amend, and
24 renew any such agreement.
25 B. All unfinished business, references in laws and documents, employees, property,
26 obligations, and books and records of the East and West districts shall be assumed by the
27 Cameron Parish Port, Harbor, and Terminal District and shall be transferred as provided in
28 this Section. Any pending or unfinished business of the East Cameron Port, Harbor and
29 Terminal District and the West Cameron Port, Harbor and Terminal District shall be taken
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1 over and be completed by the district, and the district shall be the successor in every way to
2 the East and West districts for the purpose of completing such business. Any reference in
3 laws and documents to the East and West districts shall be deemed to apply to the district.
4 Any legal proceeding to which the East and West districts are a party and which is filed,
5 initiated, or pending before any court on the effective date of this Section, and all documents
6 involved in or affected by such legal proceeding, shall retain their effectiveness and shall be
7 continued in the name of the district. All further legal proceedings and documents in the
8 continuation, disposition, and enforcement of such legal proceeding shall be in the name of
9 the district, and the district shall be substituted in the prior plans, projects, policies, and
10 programs without necessity for amendment of any document. This Act shall not be construed
11 so as to impair the effectiveness of any rule or policy of either of the East and West districts
12 and any such rule or policy shall remain effective or until changed in accordance with law.
13 This Act shall not be construed so as to impair the contractual or other obligations of the
14 East and West districts and all obligations of the East and West districts shall be the
15 obligations of the district. The district shall be the successor in every way to the East and
16 West districts, including all of their obligations and debts. All dedications and allocations
17 of revenues and sources of revenues heretofore made to or for either the East or West
18 districts shall continue in the same manner, to the same extent, and for the same purposes
19 as were provided prior to the enactment of this Act, unless and until other provision is made
20 therefor. All books, papers, records, money, actions, and other property of every kind,
21 movable and immovable, real and personal, heretofore possessed, controlled, or used by the
22 East and West districts are hereby transferred to the district. All employees heretofore
23 engaged in the performance of duties of the East and West districts, insofar as practicable
24 and necessary, are transferred to the district, and insofar as practicable and necessary shall
25 continue to perform the duties heretofore performed, subject to policies and procedures of
26 the district and other applicable laws.
27 Section 6. This Act shall become effective on January 1, 2017; if vetoed by the
28 governor and subsequently approved by the legislature, this Act shall become effective on
29 January 1, 2017, or on the day following such approval by the legislature, whichever is later.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 82 Engrossed 2016 Regular Session Morrish
Present law provides for the East Cameron Port, Harbor and Terminal District and the West
Cameron Port, Harbor and Terminal District.
Proposed law repeals present law and creates the Cameron Parish Port, Harbor, and Terminal
District as a political subdivision. Provides the territorial limits and territorial jurisdiction
of the district is all areas comprising Ward 1, 2, 3, 4, 5, and 6 of the parish of Cameron.
Proposed law creates the Cameron Parish Port Commission as the governing authority of the
district composed of eleven commissioners appointed as follows:
(1)Six members appointed by the governing authority of the parish of Cameron with
one commissioner appointed from each ward of the parish who is a qualified voter
and taxpayer and resides in the ward of the parish from which he is appointed.
(2) Four members appointed by the governing authority of the parish of Cameron with
one commissioner each appointed from Wards 3, 4, 5, and 6 who is a qualified voter
and taxpayer residing in the ward from which he is appointed.
(3) One member appointed by the other commission members who is a qualified voter
and taxpayer residing in Cameron Parish.
Provides that commissioners are appointed for four-year terms, except for those initially
appointed pursuant to (2) and (3) above, who shall serve two years. Provides that all
appointed members serve four-year terms after the initial terms. Provides that commissioners
appointed by the governing authority of the parish serve at the pleasure of the governing
authority. Provides that the commissioner appointed by the other commissioners serves at
the pleasure of the other commissioners.
Provides that all vacancies occurring on the commission shall be filled in the manner of the
original appointment for the remainder of the unexpired term of the outgoing commissioner.
Proposed law authorizes the commission to fix per diem for members not to exceed $20 per
day for members when in actual attendance upon the board and reasonable travel allowance
for commissioners in performance of their official duties.
Proposed law provides with respect to officers and meetings of the commissioners.
Proposed law authorizes the district, through the commission, to regulate commerce and
traffic in the district in the best interest of the state. Provides that title of all property and
improvements operated by the commission vest in the district. Provides the district has all
powers of political subdivisions, including but not limited to authority:
(1) To sue and to be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3)To employ such officers, agents, and employees as it deems necessary for the
performance of its powers and duties and to prescribe the powers and duties and fix
the compensation of such officers, agents, and employees.
(4) To contract, upon such terms as it may agree upon, for legal, financial, engineering,
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and other professional services necessary or expedient in the conduct of its affairs.
(5) To enter into contracts for purchase, acquisition, construction, and improvement of
public works and facilities necessary in connection with the purposes of the district.
(6)To utilize the services of the executive departments of the state upon mutually
agreeable terms and conditions.
(7) To own, construct, acquire, operate, and maintain docks, wharves, landings,
elevators, sheds, warehouses, basins, locks, slips, laterals, canals, and all other
property, structures, equipment, facilities, and works of public improvement
necessary or useful for port, harbor, or terminal purposes.
(8) To maintain proper depths of water at all wharves and landings; to dredge and
maintain shipways, channels, slips, basins, and turning basins.
(9)To establish harbor lines, also known as structural limit lines, within the port area by
agreement with the Corps of Engineers of the United States.
(10)To construct, own, operate, and maintain terminal rail facilities and other common
carrier rail facilities for the purpose of rendering rail transportation to and from the
facilities to be erected, owned, and operated by the commission in both intrastate and
interstate commerce.
(11) To acquire property, including rights-of-ways, necessary for the benefit and
advantage of regulating commerce and traffic within its jurisdiction, by gift, grant,
purchase, or expropriation in accordance with the laws of the state, provided that it
shall not have the the right to expropriate minerals or mineral rights, and that its
power to expropriate shall not apply or extend to any existing publicly or privately
owned wharf, dock, warehouse, elevator, industrial plant site, industrial structure, or
other facility constructed on or adjacent to any navigable waterway, natural or man-
made, or to the replacement, improvement, and operation by the owners, lessees, or
permittees thereof, or their successors and assigns. Additionally, the district shall not
have the right to expropriate land under lease or option to lease on the effective date
of this Chapter. Should the properties expropriated under the authority herein
conferred cease to be used for the purposes for which they were expropriated, such
properties shall revert to the original land owner or his heirs or assigns, provided
such land owner or his heirs or assigns shall reimburse said district or commission,
or its successor, in the full amount originally paid by the district or commission for
such land; to hold and use any franchise or property, real, personal, or mixed,
tangible or intangible, or any interest therein, necessary or desirable for carrying out
the objects and purposes of the district, including but not limited to the
establishment, maintenance, and operation of industrial parks, ports, harbors, and
terminals.
(12)To acquire by purchase or lease industrial plant sites and necessary property or
appurtenances therefor; to acquire or construct industrial plant buildings, with
necessary machinery and equipment, within such district.
(13)To receive, by gift, grant, donation, or otherwise, any sum of money, aid, or
assistance from the United States, the state of Louisiana, or any political subdivision
thereof.
(14)To provide such light, water, police protection, and other services for its facilities
within the territorial limits and territorial jurisdiction of the the district as it deems
advisable.
(15)To establish and charge reasonable fees, rates, tariffs, or other charges for the use of
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all facilities administered by it and for all services rendered by it.
(16)To charge a reasonable fee to each vessel for the use of its facilities in the port area
in ballast or carrying cargo of any kind, provided that it shall not charge any fee, rate,
tariff, or other charge to any vessel in ballast or cargo on account of passage through
the district unless such vessel or cargo makes use of its facilities or services and shall
not by any rule, regulation, or other act require the use of its facilities or services.
(17)To charge for each copy of any certificate issued by it or by any of its officers or
employees for inspecting hatches, surveying cargo, or for making other surveys or
inspections of vessels in the district, provided it shall furnish, without charge, to the
master of each such vessel, one copy of all surveys upon his vessel or cargo.
(18) To make and enter into contracts, leases, and other agreements with railroads,
trucking companies, barge lines, and with any and all companies interested in the
transportation, storage, and shipping of goods and other products, whether by rail,
truck line, barge line, an ocean-going vessel, or otherwise, for the use of facilities
administered by the commission or any part or portion thereof, for a period not
exceeding 40 years, provided that no exclusive franchise shall be granted to any
carrier. The commission may lease or sublease for processing, manufacturing, or
commercial business purposes any lands or buildings owned, acquired, or leased as
lessee by it, which lease may run for any term not exceeding 40 years, at a fixed
rental, provided that any such lease may run for a term not exceeding 99 years if it
contains a clause or clauses for readjustment of the rentals upon the expiration of a
primary term of 40 years.
(19) In its own name and on its own behalf, to incur debt and to issue revenue bonds,
special assessment bonds, certificates, notes, and other evidences of indebtedness
and to levy and cause to be collected certain taxes as provided in this Chapter and as
may be provided by general law.
(20) To borrow money and pledge all or part of its revenues, leases, rents, or other
advantages as security for such loans.
(21) To do any and all things necessary or proper for the government, regulation,
development, and control of the business of the district, provided that the district
complies with the constitution, laws, and policies of the state of Louisiana, including
but not limited to the Public Records Law and the Open Meetings Law, in carrying
out its functions and duties.
Proposed law provides that notwithstanding any provision of proposed law, the authority,
power, and jurisdiction of the Cameron Parish Port, Harbor, and Terminal District is subject
to the provisions of R.S. 34:218.
Proposed law provides that the provisions of this Chapter shall not be construed to authorize
the commission the right to operate as a public utility or to grant a franchise for service by
a public utility that is regulated by the Louisiana Public Service Commission.
Proposed law authorizes the district to levy annually an ad valorem tax not to exceed three
mills on property situated in the district if authorized by a majority of those qualified to vote
who vote at an election held for such purpose which election is conducted according to law.
Proposed law authorizes the district to levy annually sales and use taxes on goods and
property within the territorial limits or territorial jurisdiction of the district subject to
limitations set forth in the constitution, to terms of a resolution imposing such tax, and to
provisions of law.
Proposed law provides that taxes and assessments to be levied by the district shall be levied
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only after the board has adopted a resolution and given notice at least 14 days prior to the
public meeting of the board to hear any objections to the proposed taxes or assessments.
Provides that such taxes or assessments may be levied only after approval of the electors
voting at a special election; however, if there are no qualified electors in the district, no
election shall be required.
Proposed law authorizes the district to issue bonds, notes, certificates of indebtedness and
other obligations or evidences of indebtedness. Provides that obligations shall be authorized,
issued, and sold by a resolution of the board in such manner and from time to time as
determined by the district, subject to approval of the State Bond Commission.
Proposed law provides that for 30 days after the date of publication of the resolution
authorizing the bonds, any person in interest may contest the legality of the resolution. After
30 days, no one has any right to contest the legality of the resolution.
Effective January 1, 2017.
(Adds R.S. 34:5201-5205; repeals R.S. 34:2501-2506 and R.S. 34:2551-2556)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Provides the territorial limits and territorial jurisdiction of the district is
composed of all of the area comprising Wards 1, 2, 3, 4, 5, and 6 of Cameron
Parish.
2. Revised district's authority to acquire property to provide that the district
does not have a right to expropriate land under lease or option to lease on the
effective date of proposed law.
3. Removes word "otherwise" from district's authority to acquire by purchase
or lease industrial plant sites and necessary property or appurtenances.
4. Limits district's authority to provide light, water, police protection, and other
services for its facilities to those within the districts' territorial limits and
territorial jurisdiction.
5. Adds provision that the district's authority provided in proposed law shall not
be construed to authorize the commission the right to operate as a public
utility or to grant a franchise for service by a public utility that is regulated
by the Louisiana Public Service Commission.
6. Adds that commission's authority to levy sales and use tax is limited to goods
and property with the territorial limits or territorial jurisdiction of the district.
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