RS 130.621.1 - Union Parish Railroad District; creation; governance; powers
A. Creation. The Union Parish Railroad District is hereby created and referred to in this Section as the "district". The district shall be a political subdivision of the state created in order to plan, implement, and oversee the operation of a railroad line within the district.
B. Boundaries. The boundaries of the district shall encompass all of the territory in Union Parish.
C.(1) Governance. In order to provide for the orderly development of the district and effectuation of the purposes of the district, the district shall be administered and governed by a board of five commissioners, each of whom shall be a qualified voter of the parish and who shall be appointed as follows:
(a) Two members shall be appointed by the governing authority of the parish of Union.
(b) Two members shall be appointed by the governing authority of the town of Bernice.
(c) One member shall be appointed by the governing authority of the village of Lillie.
(2)(a) Members of the board shall serve three-year terms after initial terms as provided in this Subparagraph. One such member shall serve an initial term of one year; two members shall serve an initial term of two years; and two members shall serve an initial term of three years, all as determined by lot at the first meeting of the board. Members shall serve until their successors have been appointed and qualified.
(b) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(c) The commissioners shall elect from their membership a chairman, vice chairman, secretary-treasurer, and such other officers as they may deem necessary.
(d) Board members shall serve without compensation.
(e) A majority of the membership of the board shall constitute a quorum for the transaction of business.
D. Rights and powers. The district, acting by and through its board of commissioners, shall have and exercise all powers of a political subdivision necessary or convenient for the carrying out of its objectives and purposes, including but not limited to the following:
(1) To incur debt.
(2) To sue and to be sued.
(3) To adopt, use, and alter at will a corporate seal.
(4) To adopt bylaws and rules and regulations.
(5) To receive by gift, grant, donation, or otherwise any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.
(6) To enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual.
(7) To Appoint officers, agents, and employees, prescribe their duties, and fix their compensation.
(8) To acquire by purchase, gift, grant, donation, expropriation, including rights-of-way, lease, or otherwise such property as may be necessary or desirable for carrying out the objectives and purposes of the district.
(9) To establish such funds or accounts as are necessary for the conduct of the affairs of the district.
E. The Union Parish Railroad District shall not be deemed to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana.
Acts 2004, No. 434, §1, eff. June 24, 2004.