§ 38-96. Same—Water and Sewer Commission No. 1.

(a)

By virtue of the authority conferred by Act No. 259 of the 1988 Regular Session of the Louisiana Legislature and other constitutional and statutory authority, a water and sewer commission be and the same is hereby created which water and sewer commission shall have jurisdiction over all works and facilities for water, sewer and sewerage treatment or disposal facilities and systems within the corporate boundaries of Sewerage District No. 1 of the Parish of St. Martin, State of Louisiana, and Waterworks, District No. 2 of the Parish of St. Martin, State of Louisiana, as the boundaries of the districts presently exist.

(b)

The water and sewer commission hereby created shall be known and designated as "St. Martin Parish Water and Sewer Commission No. 1, State of Louisiana" (the "commission"), and thus created shall constitute a political subdivision of the state, and shall have all the rights, powers and privileges granted and conferred by the Act and other constitutional and statutory authority to such political subdivisions, including the authority to incur debt, to issue bonds and to levy taxes, subject to any and all limitations set forth hereinafter.

(c)

The water and sewer and sewage disposal facilities heretofore owned and/or operated by Waterworks District No. 2 of the Parish of St. Martin, State of Louisiana (the "water district") and Sewerage District No. 1 of the Parish of St. Martin, State of Louisiana (the "sewerage district") (or collectively, the "districts"), as such facilities now exist or as they may be extended and/or improved hereafter shall all be, and the same are hereby, authorized to be operated, maintained, improved, extended and/or disposed of by the commission, acting for and on behalf of the districts and as the governing authority of each district. Accordingly, the commission shall have all the powers to operate, maintain, improve, extend and/or dispose of such facilities provided, however, that any and all obligations of the respective districts in connection with the payment of outstanding obligations shall, to the extent legally necessary, continue to be performed by the districts in order to ensure the timely payment of such obligations. More specifically, the districts shall:

(1)

Continue to levy maintenance and operation taxes for the full period of their authorization;

(2)

Continue to levy taxes for the payment of the outstanding tax secured bonds of the respective Districts and levy rates and charges as necessary to pay the costs of operating and maintaining the systems of the respective districts and make all payments required in connection with the outstanding revenue bonds of the respective districts; and

(3)

Pay said outstanding bonds in principal and interest as the same come due;

and the commission, by resolution of its governing authority, shall agree to comply with all of the provisions contained in the resolution or resolutions of either district providing for the issuance of bonds of the respective district.

(d)

The governing authority of said commission shall be a board of commissioners consisting of five members: three members to be appointed to three-year terms and two members to be appointed to two-year terms. The board of commissioners, upon taking office, shall serve as the governing authority of each district in the place and stead of the present respective governing authorities.

(e)

The provisions of this section shall become effective as of January 1, 1993, and, otherwise, shall be effective upon said commissioners taking office.

(f)

The commission shall exist and continue and shall have and enjoy existence and succession for a period of the later of 99 years from the date of its creation, or until all of its contractual obligations have been performed and all debt securities issued by it have been fully paid.

(Code 1979, § 18-1.2; Ord. of 3-2-1993, §§ 1—6; Ord. of 7-2-1996, § I; Ord. No. 00-05-0024, 5-2-2000)