Louisiana § RS 33:3911 - Authority and procedure for creation of sewerage districts

§ RS 33:3911. Authority and procedure for creation of sewerage districts

A.  Municipal corporations, the city of New Orleans excepted, may by ordinance create one or more sewerage districts within their respective limits.  Additionally any such municipal corporation may, by ordinance, and with the approval by resolution of the police jury in which such municipality is located, create one or more sewerage districts composed of areas within its municipal limits and also of portions of unincorporated areas in the parish.  They may enlarge the districts and consolidate them.

B.  In addition to the authority set forth in Subsection A of this Section, and notwithstanding the provisions of R.S. 33:3881, the city of Shreveport may by ordinance and with the approval by resolution of the Caddo Parish Commission, create one or more sewerage districts in the area defined by Act No. 39 of the 1926 Regular Session of the Louisiana Legislature, as it exists now or as may hereafter be amended.  The city may enlarge the district or districts and consolidate them.  Any district so created shall be subject to this Subpart and applicable law.

C.(1)  All ordinances creating, enlarging, or consolidating a sewerage district, or bringing a sewerage district under the provisions of this Subpart, shall be published for thirty days in a newspaper published in the municipality in which the sewerage district is situated.  Publication once a week for four weeks will constitute publication for thirty days.

(2)  Within thirty days from the date of the first publication any owner of property within the limits of the sewerage district or other party interested may appeal to the courts for the purpose of contesting the action of the governing authority of the municipality or urging any objection to the inclusion of his properties in the district.

(3)  After thirty days from the date of the first publication, the action of the governing authority shall be incontestable for any cause; it shall be conclusively presumed that the sewerage district is regularly and legally created, and that all properties therein are lawfully included in the district; and no court shall have jurisdiction to entertain any cause which calls into question the validity or regularity of the action of the governing authority of the municipality in creating, enlarging, consolidating, or reorganizing the district, or raises the question of whether the properties located therein should have been included within the district or will be benefited by the sewerage systems or plants.

Acts 1989, No. 302, §1; Acts 1990, No. 225, §1.