RS 4720.105 - Creation of the Opelousas Redevelopment Authority by local option
A. There is hereby created in and for the city of Opelousas a public body corporate and politic known as the Opelousas Redevelopment Authority. The authority shall not transact any business or exercise any powers conferred upon the authority by this Chapter until and unless the local governing body has by resolution authorized the authority to exercise its powers under this Chapter.
B.(1) The governing body of the city of Opelousas, Louisiana, shall by resolution, at any time after the passage of this Chapter, call a public hearing to determine the need to activate the Opelousas Redevelopment Authority. Notice of such hearing shall be published at least ten days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the municipality.
(2) Upon the date fixed for said hearing to be held upon notice as provided in Paragraph (1) of this Subsection, a full opportunity to be heard shall be granted to all residents and taxpayers of the municipality. If the governing body finds it to be in the public interest that an authority for the municipality, as authorized by this Chapter, be activated to exercise the powers provided in this Chapter, then the local governing body shall adopt a resolution so finding and declaring and shall cause notice of such resolution to be given to the mayor of the municipality, who shall thereupon appoint, with the advice and consent of the local governing body and as set forth in Subsection D of this Section, commissioners of the Opelousas Redevelopment Authority.
(3) A certificate signed by the mayor of the municipality and the commissioners shall then be filed in the office of the secretary of state and there remain of record setting forth that the local governing body made the aforesaid finding and declaration and that the mayor of the municipality had appointed them as commissioners. Upon the filing of such certificate, the commissioners and their successors shall constitute the authority which shall be a political corporation of the state and shall have all the power and authority as set forth in this Chapter.
C. In any suit, action, or proceeding involving the validity or enforcement of any contract or act of the authority, a copy of the certificate, duly certified by the secretary of state, shall be admissible in evidence in any such suit, action, or proceeding.
D. Upon the certification of a resolution declaring the need for an authority to operate, as set forth in this Section, the mayor of the city of Opelousas shall appoint as commissioners of the authority with the advice and consent of the city council of the city of Opelousas, nine citizens who shall be qualified electors of the municipality as follows:
(1) Six commissioners shall be appointed, one from each councilmanic district of the city.
(2) Three additional commissioners shall be appointed from the city at large.
(3) The mayor shall request each of the members of the legislature representing the city of Opelousas to submit to him one nominee from each city councilmanic district within his legislative district for the position of commissioner. This request shall be made in writing and shall be by certified mail to each such legislator at his last known address. The legislator shall have twenty days from the date of the receipt of the certified mail request by the mayor in which he may submit to the mayor the name of a nominee. Within thirty days after the receipt of the certified mail request to such members of the legislature, the mayor shall appoint from those nominees submitted by the members of the legislature the nine commissioners of the authority. However, the mayor shall not appoint two or more nominees submitted by the same legislator to serve as commissioners at the same time.
(4) The failure of any such member of the legislature to receive the written request from the mayor or the failure of any legislator to make a nomination within the time specified shall not affect the validity of the appointments subsequently made by the mayor.
(5) Appointment of a commissioner at the expiration of the term of an appointed commissioner, or appointment of a commissioner to fill the unexpired term of a position vacated by a commissioner, shall be made by the mayor from a panel nominated by the legislators following the same procedure as above set forth for the appointment of the first commissioners of the authority.
(6) A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the city council, and such certificate shall be conclusive evidence of the proper appointment of such commissioner.
E.(1) The commissioners who are first appointed shall serve for terms as follows: one for one year, one for two years, one for three years, two for four years, and two for five years, respectively, from the date of their appointment as shall be specified at the time of their appointment the respective terms to be determined by lot. Thereafter the term of office shall be five years. A commissioner shall hold office until his successor has been appointed and qualified. The commissioners who are first appointed under the provisions of Paragraph (D)(2) of this Section shall serve for terms as follows: two shall serve for four years and two shall serve for five years, respectively, from the date of their appointment as shall be specified at the time of their appointment the respective terms to be determined by lot. Thereafter the term of office shall be five years.
(2) Vacancies for unexpired terms shall be promptly filled by appointment by the mayor from a panel nominated by the legislators following the same procedure as set forth in Subsection D of this Section for the appointment of the first commissioners of the authority.
(3) A commissioner shall be entitled to reimbursement of actual expenses, including traveling expenses incurred in the discharge of his duties.
F.(1) The commissioners of the authority shall initially and annually thereafter select from among themselves a chairman, a vice chairman, and such other officers as the authority may determine. The authority may employ an executive director and other employees as it may require and shall determine their qualifications and compensation. The authority may engage or employ counsel and legal staff. Five commissioners of the authority shall constitute a quorum for its meetings.
(2) Action may be taken by the authority upon a vote of a majority of the commissioners of the authority unless in any case the bylaws shall require a larger number. Commissioners of the authority or other officers shall not be liable personally on the bonds or other obligations of the authority, and the rights of creditors shall be solely against such authority.
G.(1) No commissioner or employee of the authority shall acquire any interest, direct or indirect, in any community improvement project or in any property included or planned to be included in any community improvement area, or in any area which he may have reason to believe may be certified to be a community improvement area, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by the authority, or in any contract with a redeveloper or prospective redeveloper relating directly or indirectly to any community improvement project. The acquisition of any such interest in a community improvement project or in any such property or contract shall constitute misconduct in office.
(2) If any commissioner or employee of the authority owns or controls any interest, direct or indirect, in any property to be included in any community improvement project under the jurisdiction of the authority, or has any such interest in any contract for material or services to be furnished or used in connection with any community improvement project, he shall disclose the same in writing to the authority and such disclosure shall be entered in writing upon the minute books of the authority. Failure to make such disclosure shall constitute misconduct in office.
(3) Any such commissioner shall refrain from discussion or voting on any proposal in which he has an interest.
(4) Notwithstanding any provision of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950 or any other law to the contrary, if any commissioner, in the discharge of a duty or responsibility of his office or position, would be required to participate in any transaction or vote on a matter which participation or vote would be a violation of R.S. 42:1112, he may continue to serve as a member of the authority, provided that he refrain from participating in such transaction and recuse himself from voting in such matter.
H. With the consent of the local governing body, the mayor of the municipality may remove a commissioner for inefficiency or neglect of duty or for misconduct in office, but only after the commissioner has been given a copy of the charges against him, made by the mayor, and has had an opportunity to be heard in person or by counsel before the local governing body. In the event of the removal of any commissioner, the mayor shall file in the office of the clerk a record of the proceedings, together with the charges made against the commissioner and the findings thereon.
I. The authority authorized to transact business and exercise powers under this Chapter shall file with the local governing body, on or before March thirty-first of each year, an annual report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, receipts, and disbursements as of the end of such calendar year. At the time of filing the annual report, the authority shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the local governing body and that the report is available for inspection during business hours in the office of the clerk of the council and in the office of the authority.
Acts 2007, No. 380, §1, eff. July 10, 2007.