RS 4532 - The Huey P. Long Bridge; operation, maintenance, etc.
A.(1) The city of New Orleans, by and through the Public Belt Railroad Commission, shall continue to own, maintain, and operate the Huey P. Long Bridge, its approaches and appurtenances, across the Mississippi River at or near Mile Point J-3.7 in Jefferson Parish, Louisiana, which bridge and the property heretofore acquired by the Public Belt Railroad in connection with its construction shall be under the exclusive control and management of the Public Belt Railroad Commission.
(2) The city of New Orleans, acting through the Public Belt Railroad Commission, shall have the exclusive right to transport or convey for any railroad its trains over such bridge and over the lines of the Public Belt Railroad system. However, the city of New Orleans, acting through the Public Belt Railroad Commission, shall have the authority to contract upon such terms and conditions, and for such duration, as may be approved by a vote of two-thirds of the members of said commission, with any railroad company for the use of the bridge by such railroad company, its approaches and appurtenances, and for the use of any tracks owned by the Public Belt Railroad Commission for the purpose of transporting and conveying its locomotives, cars, and trains and other equipment under its own power or power provided by the Public Belt Railroad.
B. Said Huey P. Long Bridge, its approaches and appurtenances and the lands and other things acquired in connection with the construction, operation and maintenance thereof, shall be exempt from any form of taxation, and shall not be hypothecated, leased or alienated by the city of New Orleans, except that:
(1) Lands acquired which, by a two-thirds vote of all members of said Commission, are declared not necessary for the construction of said bridge and appurtenances, or for use in the operation thereof, may be leased or sold. The proceeds of any such lease or sale may be used by the public belt railroad commission for general railroad purposes.
(2) The public belt railroad commission may contract for the operation and management of the bridge as a part of the public belt railroad system under the circumstances and subject to the conditions set forth in §4530 of this Title; and
(3) The city of New Orleans may transfer, assign and deliver the bridge, its approaches and appurtenances, as a part of the public belt railroad to another political subdivision or agency of the state, if such political subdivision or agency acquires the assets of the public belt railroad system pursuant to the authority granted in §4531 above. Any such transfer shall require that such political subdivision undertake and agree: (i) to continue to operate and maintain the Huey P. Long Bridge as a part of the public belt railroad system; (ii) to assume and comply with all obligations of the city of New Orleans and the public belt railroad commission under all contracts, including by way of illustration but not limitation, all the contracts between the city of New Orleans, acting by and through the public belt railroad commission and the railroad companies using the Huey P. Long Bridge and the tracks of the public belt railroad system, and the rights of the Louisiana Department of Highways, in and to the perpetual use of the highway portions of said bridge; and (iii) to recognize and maintain the rights of the employees of the Public Belt Railroad System under existing labor contracts and applicable law.
NOTE: Eff. upon contingency set forth in Acts 2020, No. 359, §9.
RS 4532 - The Huey P. Long Bridge; operation, maintenance, etc.
A.(1) The railroad commission shall own, maintain, and operate the Huey P. Long Bridge, its approaches and appurtenances, across the Mississippi River at or near Mile Point J-3.7 in Jefferson Parish, Louisiana, which bridge and the property heretofore acquired by the Public Belt Railroad in connection with its construction shall be under the exclusive control and management of the railroad commission.
(2) The railroad commission shall have the exclusive right to transport or convey for any railroad its trains over the bridge and over the lines of the Public Belt Railroad system. However, the railroad commission shall have the authority to contract upon such terms and conditions, and for such duration, as may be approved by a vote of two-thirds of the members of the railroad commission, with any railroad company for the use of the bridge by that railroad company, its approaches and appurtenances, and for the use of any tracks owned by the railroad commission for the purpose of transporting and conveying its locomotives, cars, and trains and other equipment under its own power or power provided by the Public Belt Railroad.
B. The Huey P. Long Bridge, its approaches and appurtenances, and the lands and other things acquired in connection with the construction, operation, and maintenance thereof, shall be exempt from any form of taxation, and shall not be hypothecated, leased, or alienated by the railroad commission, except that:
(1) Lands acquired which, by a two-thirds vote of all members of the railroad commission, are declared not necessary for the construction of the bridge and appurtenances, or for use in the operation thereof, may be leased or sold. The proceeds of any such lease or sale may be used by the railroad commission for general railroad purposes. Such lands also may be exchanged with or transferred to the Board of Commissioners of the Port of New Orleans for compensation and value as may be mutually agreed by the political subdivisions.
(2) The railroad commission may contract for the operation and management of the bridge as a part of the public belt railroad system under the circumstances and subject to the conditions provided in R.S. 33:4530.
(3) The railroad commission may transfer, assign, and deliver the bridge, its approaches and appurtenances, as a part of the public belt railroad to another political subdivision or agency of the state, if such political subdivision or agency acquires the assets of the public belt railroad system pursuant to the authority granted in R.S. 33:4531. Any such transfer shall require that such political subdivision or state agency undertake and agree: (i) to continue to operate and maintain the Huey P. Long Bridge as a part of the public belt railroad system; (ii) to assume and comply with all obligations of the city of New Orleans and the public belt railroad commission under all contracts, including by way of illustration but not limitation, all the contracts between the city of New Orleans, acting by and through the public belt railroad commission and the railroad companies using the Huey P. Long Bridge and the tracks of the public belt railroad system, and the rights of the Department of Transportation and Development, in and to the perpetual use of the highway portions of the bridge; and (iii) to recognize and maintain the rights of the employees of the Public Belt Railroad System under existing labor contracts and applicable law; however, this requirement shall not be interpreted to prohibit future changes that may be permitted by law or contract or negotiated agreement with employees.
Added by Acts 1976, No. 245, §1; Acts 1997, No. 300, §1; Acts 2020, No. 359, §3, see Act.
NOTE: See Acts 2020, No. 359, §§9 and 10, regarding effectiveness and applicability of cooperative endeavor agreement dated February 1, 2018.