Изображения страниц
PDF
EPUB

issue its obligations in such forms, numbers, denominations and amounts, at such times and prices and upon such terms and conditions as to maturities rates and payment of interest and final redemption as the said City of New Orleans may deem advisable, subject to the following limitations:

(a) Except as may be herein otherwise provided, all such obligations shall be secured solely and only by liens and mortgages upon and against such bridges or tunnels and appurtenances, and the lands or other things necessary thereto, and by a lien and pledge upon the net revenues derived from the operation thereof, and shall be paid therefrom and from no other source of sources whatsoever, except as otherwise stipulated herein, and not by any tax or assessment or levy upon any taxable property in the City of New Or leans, nor out of any other funds, revenues or things of value of said city; the true intent and meaning hereof being that save and except, to the extent out of the funds, and in the manner herein stated, the City of New Orlean shall never be liable for, nor shall it assume, any debt, liability or obligation incurred or created in the execution of the provisions hereof.

(b) During the period of construction of such bridges and tunnels an appurtenances and during such times as the revenues from the operation thereof shall not be sufficient to provide for the interest on, and for th redemption of, any and all of the obligations hereinabove authorized to b issued, any and all of such obligations falling due shall be redeemed and a accrued interest shall be paid from the net revenues of the Public Belt Rai road system of the City of New Orleans to such extent as may be require after providing in the manner prescribed by Act No. 179 of the General sembly of the State of Louisiana, session of 1908, for the payment of the pr cipal and interest of any bonds authorized by said Act No. 179 of 1908, wheth heretofore or hereafter issued.

(3) Any bridges or tunnels and appurtenances thereof constructe equipped, maintained or operated by the City of New Orleans under the authori hereby conferred, and all other property acquired by the City of New Orlea under the provisions of this amendment, shall form and are hereby constituti an integral part of the Public Belt Railroad system, as it now or as it mi hereafter exist, which said system the City of New Orleans is hereby authe ized to extend and operate in and beyond the Parish of Orleans; and the Publ Belt Railroad Commission of the City of New Orleans is hereby vested with t same powers with respect to the Public Belt Railroad system as well as wi respect to such bridges, tunnels, appurtenances and property, their acquisitio construction, operation and development as are now vested in said Commissi by Act No. 179 of the General Assembly of the State of Louisiana, Session 1908, with respect to the Public Belt Railroad as presently established.

The Public Belt Railroad Commission is hereby authorized without pr authority or approval therefor by the Commission Council of the City of Ne Orleans, to expend out of any of its revenues and for the purpose of construe ing such bridges or tunnels a sum not to exceed twenty-five thousand dollars ( any one contract, provided, however, that all disbursements beyond said su shall be made only after they shall have been first authorized and approved the Commission Council of the City of New Orleans.

(4) The Public Belt Railroad Commission, under such terms and cont tions as it may deem advisable, shall have the right to switch, handle or conve in continuous movement, for any railroad, trains over such bridges or throug such tunnels and over the main lines of the Public Belt Railroad to the dep or yard of said railroad or to any union passenger depot or union terminal the Public Belt Railroad system; it being understood that the sole purpose this provision is to facilitate the movement of trains entering the City of Ne Orleans on the east or west bank of the Mississippi River. Under no conditio can the Public Belt Railroad Commission grant switching privileges to any rai road over the Public Belt Railroad System.

(5) Any bridge or tunnel constructed and any appurtenances thereof an any lands or other things necessary thereto, acquired or constructed under th

provisions of this amendment, and any and all property leased to or by the City of New Orleans for the purpose of this amendment, during the life of the lease, shall be exempt from every form of taxation, special assessment or license, and shall in no manner be hypothecated, leased or alienated except and only to further the acquiring of other property or properties for the Public Belt Railroad system, or to otherwise advance and carry out the objects and purposes of this amendment.

(6) The provisions of this amendment shall constitute a contract between The holders of any and all obligations issued thereunder, the State of Louisiana and the City of New Orleans.

(7) None of the provisions of this amendment shall be construed or interpreted so as to conflict with the provisions of Act No. 4 of the General Assembly of the State of Louisiana. Session of 1916, being a Joint Resolution proposing an amendment to the Constitution of the State providing for the funding of certain debts of the City of New Orleans and of the Board of Directors of the Public Schools, Parish of Orleans, respectively, nor as repealing, affecting, changing or altering Act 179 of the General Assembly of the State of Louisiana for the year 1908, authorizing the issuance of two million dollars of bonds for Belt Railroad purposes.

(8) That all the rights, franchises and immunities herein granted shall continue and exist only upon the condition that the construction of said bridge shall be actively begun not later than May 1st, 1920, and that the said bridge shall be completed within five years from the date of the commencement of the work; provided, that after the work of construction has begun, in the event of delays occasioned by litigation, strikes, panics, lockouts, failure of contractor ar sub-contractors to deliver materials on contract time or of any contractor or -contractor to complete work on contract time or any delay occasioned by By act of circumstance over which the grantee herein has no control, there shall be and is hereby granted further time for completion equal to the period entered by such delays; and, provided further, if the Congress of the United States shall, after the construction of said bridge has begun, grant an extension of time or further delay for the completion of said bridge, then such additional delay shall be and is hereby, ipso facto, granted under this Act.27

[ART. 319c). (a) The Board of Levee Commissioners of the Orleans Levee District is hereby empowered to construct and maintain levees and embankments along, over and in the bed of Lake Pontchartrain at such distance from the present shore line as the said Board may determine, not to exceed twentyEve hundred (2500) feet from the present shore line, and along and on the shores adjacent thereto, and along the canals connecting therewith, and in such other places in the Parish of Orleans and the adjacent parishes as the Board may determine, said levees and embankments to be of such height, width, slope, design and character of material as said Board may determine, and to protect said levees and embankments with such pilings, revetments, or walls, as it may deem proper.

(b) To enable said Board to perform said work and for the purpose thereof, the Board is hereby given a right of way over and use of all public lands including such portions of the water bottom of said lake as it may deem necessary. It is also given the right to acquire by donation, purchase, expropriation or appropriation, all private lands or other property in such territory in the Parish of Orleans and adjoining parishes as the said board now has authority and jurisdiction over under this amendment, and under existing laws, and which the said board may deem necessary or expedient for any of the purposes of said board, and to pay therefor in the same manner as the said board now pays for property taken by it on the Mississippi river front in the parish of Orleans.28

[Article 319b] is a new article; it was proposed by the general assembly of 1916 and ratified at the election of November 7, 1916. No article or section number was assigned to this amendment and for convenience it is inserted here.

[Article 319c] is a new article; it was proposed by the general assembly of 1916 and was ratified at the election of November 7, 1916. No article or section number has been assigned to this amendment and it is placed here for convenience.

FIRE MARSHAL.

ART. 320. The office of Fire Marshal of the State of Louisiana as created by existing laws is hereby recognized. His compensation, jurisdiction, powers and duties shall be prescribed by the General Assembly, provided that until action by the General Assembly, the powers, duties, compensation and functions of said Fire Marshal shall remain as fixed by law, but the General Assembly shall have no power to extend these duties, powers and functions beyond those now specified by Act 122 of 1904 as amended by Act 152 of 1906 and Act 143 of 1910.

BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS. ART. 321. The Bonds issued by the Board of Commissioners of the Port of New Orleans under the authority of Act 180 of 1908, not exceeding Three Mil lion Five Hundred Thousand ($3,500,000.00) Dollars in amount, dated January 1, 1909, bearing five (5%) per cent. per annum interest, payable semi-annually the principal of which is payable at any time between July 1, 1924, and July 1 1959, styled "Port Commission Bonds," and Act 180 of 1908 adopted as a Con stitutional Amendment together with all the acts and proceedings of said Board done pursuant thereto, are hereby ratified and approved and the validity of th said bonds and said acts and proceedings shall never be questioned. They shal be exempt from all taxation, State, parish and municipal, and the tutors minors and curators of interdicts shall be authorized to invest the funds in the hands in such bonds. They may be registered and released from registry unde such rules and regulations as may be prescribed by said Board of Commissioner of the Port of New Orleans, and no registered bonds shall be negotiable. The shall be receivable on deposit with the State, or its officers, or any of its pol ical subdivisions or municipalities, in all cases where, by law, deposits of bond are required or allowed to be made as security, with the State or its officers, any of its political subdivisions or municipalities.

The principal and interest of said bonds shall be paid by preference fro the revenues of the Board of Commissioners of the Port of New Orleans, an all revenues collectable under the laws, as then existing, shall be and are hereb pledged, to secure said bonds and interest. In no event shall the charges in posed by said Board, under the laws then existing, be reduced to an amoun less than necessary for the payment of the principal and interest of said bonds and the Board of Commissioners of the Port of New Orleans, as presently organ ized, and without diminution of existing territorial jurisdiction. shall conting in legal existence until all the bonds issued in accordance with said Act shal have been paid in principal and interest; provided, that the members of sal Board shall be appointed by the Governor, subject to removal by the Governor and the Governor shall have power to fill all vacancies.

Said Board shall place on deposit, on or before the first of April of every year, with the Treasurer of the State of Louisiana, to the credit of a special account to be styled "Interest Account," an amount equal to the annual interest on all bonds that may have been delivered. Said Treasurer is hereby empowered and directed, and it is made his duty, to pay any and all interest coupons that may be due when presented by any holder thereof. In the year 1924, and at nually thereafter, said Board shall, in addition to the amount of the annual interest due on the 1st of July, place on deposit on or before April 1, with the Treasurer of the State of Louisiana, to the credit of a special account to be styled "Bond Redemption Account," a sum of one hundred thousand ($100000.00) dollars, and the said Treasurer is hereby empowered and directed, and it is made his duty, to pay, on the 1st of July, of the year 1924, and annually thereafter, out of said Bond Redemption Account, one hundred (100) of said bonds in the reverse order of their issue; and all bonds and coupons retired under this Act shall be by said Treasurer duly canceled and delivered to the Board of Commissioners of the Port of New Orleans, which shall receipt for same, and which shall retain and paste the same as vouchers, in a book to be by it kept for that purpose. It shall be the duty of said treasurer to require said deposits to be made as aforesaid; and in case of failure on the part of said

Board to make said deposits, or to impose, under the law as then existing, the charges for the use of said wharves, landings, sheds and appurtenances thereto, or to collect the revenues therefrom in an amount sufficient to provide for the payment of interest due or to become due, and the redemption of bonds as provided therein, said Treasurer is hereby empowered and directed, and it is made his duty, to impose said charges and collect said revenues, and to apply the sime to the purposes hereof, and to that extent, and for that purpose only, and for such time as may be necessary to that end, the said Treasurer is hereby authorized to exercise all the powers and is charged with all the duties vested in the Board of Commissioners of the Port of New Orleans.

That all of the provisions of Act 108 of 1908 and of this Title shall constitute a contract between the holders of the bonds issued thereunder, the State of Louisiana and the Board of Commissioners of the Port of New Orleans.

The Board of Commissioners of the Port of New Orleans shall, and it is bereby authorized and empowered to expend the proceeds of said bonds for the extension of existing wharves, for building new wharves, for erecting sheds, for constructing roadways and other improvements; for the purchase of suitable dredges, barges and tugboats; for the payment for wharves or other property purchased or expropriated, and for the payment of obligations heretofore contracted and outstanding; provided, that no property shall be taken without just and adequate compensation previously paid.

On the thirty-first day of December of each year the said Board shall furnish a detailed account of its receipts and expenditures to the Governor of the State; which report shall be published once in the official journal of the City New Orleans.

ART. 322. SEC. 1. The Board of Commissioners of the Port of New Orleans hereby authorized to erect and operate warehouses and other structures necessary to the commerce of the Port of New Orleans, and to that end shall have the right to expropriate any property necessary for said purposes; and to pay for same by issuing mortgage or mortgages, bond or bonds, against the real Plate and buildings erected thereon; said mortgage or mortgages, bond or bonds, are to be paid out of the net receipts after the payment of operating expenses; that the said Board of Commissioners of the Port of New Orleans are empowered to fix charges for storage on all goods or merchandise.

The said Board of Commissioners of the Port of New Orleans are empowred to issue receipts, negotiable or otherwise for property or merchandise in its charge or possession; provided, however, that they shall not be liable for a greater amount than the value of the buildings and land upon which the warehouse or warehouses are erected, for any transaction arising from the storage of merchandise thereon or otherwise.

SEC. 2. The foregoing section is self-operative and the Board of Commissioners of the Port of New Orleans shall by ordinance or otherwise carry the same into effect. The authority granted thereby shall be a continuing authority and the first erection of a warehouse or warehouses thereunder shall not exhaust the power of the said Board of Commissioners. Bonds issued under the preceding section shall be paid by preference out of the receipts of the warehouse or warehouses erected therewith after payment of the operating expenses, and, so far as such net receipts may be insufficient, out of the entire receipts and revenues of the said port after the payment of operating expenses and prior bonded obligations; provided, that each issue of bonds under said authority shall be subordinate to previous issues thereunder.

And, provided further, that nothing herein shall be considered as impairing any rights appertaining to the holders of the bonds of the Board of Commissioners of the Port of New Orleans now outstanding,

1

The General Assembly may confer further and additional authority upon said board not inconsistent herewith.

[ART. 322a). SEC. 1. That the Board of Commissioners of the Port of New Orleans is hereby authorized to dig, build, erect and operate or acquire and operate a navigation canal in the city of New Orleans, together with necessary locks, slips, laterals, basins and appurtenances thereof, and other structures necessary therefor, to connect Lake Pontchartrain and the Mississippi River, in

aid of commerce. The location of said canal shall be fixed and determined by the Commission Council of the city of New Orleans, and shall be constructed under plans and specifications to be first approved and ratified by the Board of Commissioners of the Port of New Orleans and by the said Commission Council, and to be further approved and ratified by the Board of Levee Com missioners of the Orleans Levee District and by the State Board of Engineer 4 of the State of Louisiana; the concurrence of all these bodies being necessary to the adoption of said plans and specifications.

SEC. 2. That for the digging and bullding of said canal, locks, slip laterals, basins and appurtenances thereof, the said Board of Commissioners in the Port of New Orleans shall have the right to expropriate any property nee essary for that purpose, and to pay for same and the necessary works and imm provements thereon by issuing mortgage or mortgages, bond or bonds, agains.||| the real estate and canal and locks and other improvements erected thereon said mortgage or mortgages, bond or bonds, to be paid out of the net receipt of said canal and appurtenances thereof, after the payment of operating e« penses; and that the said Board of Commissioners of the Port of New Orlean are empowered to fix charges for tolls in said canal and for charges to all ve sels mooring against the banks of said canal.

SEC. 3. That the foregoing sections are self-operative, and the Boa of Commissioners of the Port of New Orleans and the city of New Orlea shall, by ordinance or otherwise, carry the same into effect.29

PUBLIC BELT RAILROAD BONDS.

ART. 323. The Bonds of the City of New Orleans styled "Public Belt Ra road Bonds of the City of New Orleans," issued under the authority of Act 1 of 1908, adopted as an Amendment to the Constitution of 1898, in amount n exceeding Two Million ($2,000,000.00) Dollars, dated January 1, 1909, bearin 5 per cent. per annum interest, the principal thereof payable at any time tween July 1, 1939, and July 1, 1959, of the denomination and numbers follows:

Five thousand (5,000) of one hundred ($100) dollars each, numbered fro 1 to 5,000, both inclusive; one thousand (1,000) of five hundred ($500.00) di lars each, numbered from 5001 to 6000, both inclusive. One thousand (1,000 of one thousand ($1,000.00) dollars each, numbered from 6001 to 7000, bo inclusive, payable in lawful money of the United States, with semi-annual f terest coupons attached, due July 1 and January 1, signed by the Mayor of t City of New Orleans and countersigned by the Comptroller and the Treasuri of the City of New Orleans, are hereby ratified and approved and their validi shall never be questioned. They shall be exempt from all taxation, State, paris and municipal, and the tutors of minors and curators of interdicts shall authorized to invest all funds in their hands in such bonds. They may registered and released from registry under such rules and regulations as ma be prescribed by the City of New Orleans, and no registered bonds shall t negotiable. They shall be received on deposit with the State or its officers, € any of its political subdivisions or municipalities, in all cases where, by lav deposits of bonds are allowed or required to be made, as security with th State or its officers, or with any of its political subdivisions or municipalities.

The City of New Orleans is authorized to cause said bonds to be engrave and executed, and to sell said bonds, at such times and in such numbers an amounts, and upon such terms and conditions as the City of New Orleans ma deem advisable; provided, that no sale shall be made by said city except upo sealed proposals to be submitted to said city after advertisement for the sam shall be had for thirty (30) consecutive days in one or more daily newspape or newspapers of the cities of New York and New Orleans, respectively, an provided that no sale shall be made by said city at a price less than par an accrued interest, the city to have always the right to reject any and all bid:

29 Article 322a is a new article; it was proposed by the general assembly of 19: and ratified at the election of November 3, 1914. No article or section number assigned to this amendment by the joint resolution proposing it, and it has bee inserted here for convenience.

« ПредыдущаяПродолжить »