§33. Industrial plant erection; agricultural industrial boards
Section 33. In order to provide funds for the erection and maintenance
of industrial plants for the conversion or processing of raw farm or agricultural
products, the Police Jury of any Parish may, as the governing authority of the
Parish or any Police Jury Ward thereof, when authorized by a majority vote of
the property taxpayers of the entire Parish or any Police Jury Ward, who are
qualified to vote under the Constitution and laws of this State, incur debt and
issue negotiable bonds for the payment thereof.
Bonds issued under this Section shall not exceed Three Hundred
Thousand ($300,000) Dollars in amount, nor shall any tax levied hereunder
exceed four mills on the dollar of assessed property for any one year. This
four mill limitation, however, shall be in excess of all other limitations on the
amount of Parish or Ward tax levied.
The election referred to hereinabove, and, except as herein otherwise
provided, the issuance of bonds as herein authorized, shall be as nearly as
possible in accordance with the provisions of Act 46 of the Extra Session of
1921 and Acts amendatory thereto.
Whenever an election provided for herein shall have carried, the Police
Jury shall create an Agricultural Industrial Board consisting of five members,
to be appointed by the Police Jury for a period of four years. The members,
when so appointed, shall continue to serve until their successors are appointed.
There shall be no prohibition against the County Agent of any Parish or Ward
serving as a member of a Parish Agricultural Industrial Board or as Secretary
for the same. The members of the Board shall receive no salary, but they shall
be reimbursed for any expenses actually incurred by them in the performance
of their duties under this Section.
The Board herein provided for shall be a body politic, with authority to
sue under the name of "(Parish name) 'Parish Agricultural Industrial Board',
or '(Parish name) Parish (Ward name) Ward Agricultural Industrial Board', as
the case may be," and to be sued under its own name. A majority of the
members of the Board shall constitute a quorum for the transaction of
business. The Board shall have all the powers and authority necessary or
incidental to the establishment and maintenance of the plants contemplated by
this Section, including the power and authority to buy, sell or lease real
property, but it shall not have the authority to operate such plants.
Whenever any plant contemplated by this Act shall have been
established, the Parish or Ward Agricultural Board shall have the authority to
lease such plant upon such terms as it deems most advantageous to the
property taxpayers of the Parish. It shall, also, have the authority to sell any
such plant with the approval of a two-thirds vote of the elected members of the
Police Jury; provided, that no plant shall be sold for less than the total cost of
its erection, including the cost of all real estate and improvements thereon, and
expenses incurred in connection therewith, less a reasonable deduction for
depreciation.
In the event of such sale, the amount received shall be applied to the
retirement of the principal and interest of any outstanding bonds which were
issued by the Parish or Ward for the purpose of establishing and maintaining
the plant. Any surplus over and above the amount of any such bonds or other
expenses, shall be deposited in the Parish Treasury to the credit of the General
Fund.
All revenues derived from the leasing of any plant established under
this Section, shall be used for the maintenance and improvement thereof, and
for other expenses incurred in connection therewith; and any surplus shall be
deposited in a reserve fund for the retirement of any bonds issued hereunder.
Provided that no Police Jury shall exercise the authority herein granted
with respect to the establishment and maintenance of any industrial conversion
or processing plant when the exercise of such authority will result in
competition between the Parish or Ward plant to be established and a plant
which is already operating in the Parish.
All bonds issued under the provisions of this Section shall be exempt
from taxation.
This amendment shall be self-operative.
(Added by Acts 1938, No. 392, adopted Nov. 8, 1938.)