Louisiana § RS 33:3982 - Notice of intention to establish system; objections

§ RS 33:3982. Notice of intention to establish system; objections

A.(1)  Any sewerage district taking advantage of this Subpart shall, through its governing authority, be required to adopt a resolution giving notice of its intention to establish, acquire, construct, improve, extend, and maintain such sewerage system or systems and other improvements herein authorized, and embody therein, in a general way, the improvements contemplated, a list of streets or portions thereof or area or areas which are to be improved or sewered, and the manner of payment therefor.

(2)(a)  Such notice shall be signed by the chief executive officer of the governing authority and shall contain substantially all things set forth in said resolution, and shall set forth further that the authority ordering the giving of such notice will, in open session, on the date and at the time and place named, hear all objections to the proposed improvements and the manner of payment therefor.

(b)  Such notice of intention shall be published once a week for three consecutive weeks, the first at least fifteen days prior to the date set for the hearing in the official journal of the governing authority.

B.(1)  After hearing and passing on the objections, the governing authority may order the proposed improvements constructed in the manner hereinafter provided.  However, the governing authority of any district shall not order the construction of the proposed improvements in the event there is filed at the public hearing written objections to the proposed improvements:

(a)  Signed by the resident property owners owning more than one-half of the total front feet of property which will be assessed to pay the cost of said improvements, if the assessments are to be on a front foot basis.

(b)  Signed by the resident property owners owning more than one-half of the total square footage of property which will be assessed to pay the cost of such improvements, if the assessments are to be on a square foot basis.

(c)  Signed by owners of one-half of the parcels in the district, if the improvements are to be funded by a parcel fee, or signed by owners of one-half of the value of the property subject to ad valorem taxation in the district, if the improvements are to be funded by ad valorem taxes.

(2)  Such majority shall be determined after considering the front footage, square footage, number of parcels, or value of all properties to be assessed and the owners of such portion shall be determined by the conveyance records or the tax assessor's records of the parish.

Amended by Acts 1950, No. 462, §2; Acts 1958, No. 395, §2; Acts 1968, No. 74, §1; Acts 1999, No. 1167, §1.