§ 4.01. Legislative powers.

A.

All legislative powers of the Parish of Plaquemines shall be vested in the parish council and exercised by it, subject to any applicable provisions of this Charter, and shall include, but not be limited to, the power to:

(1)

Represent, as governing authority, the Parish of Plaquemines and all political subdivisions and districts therein, in any and all matters and actions, all rights of action and warranties, and all rights, title, and interest in and to all lands and property owned by them, and to all resources and revenues derived therefrom.

(2)

Sell, lease, mortgage, and otherwise alienate or encumber at public or private sale, any real property, improvements, and facilities or any personal property which, in the judgment of the parish council, may not be needed for public use, under such terms and conditions and for such consideration as, in its judgment, may be to the best interest of the parish, provided that the sale of any land owned by the parish, political subdivision, or district shall reserve all mineral rights as required by Article IV, Section 2, of the State Constitution of 1921 and Article IX, Section 4, of the 1974 Louisiana Constitution and provided further that any sale of levee district lands shall be as provided by R.S. 41:131—136, as amended. And provided further that any lands or real property belonging to the Parish of Plaquemines, or to any of the political subdivisions or districts situated therein shall be sold only upon the approval of a two-thirds ( 2/3 ) vote of the parish council.

(3)

Determine which officials and employees shall be required to furnish surety bonds and the amount of each such bond. To require surety bonds on contracts involving financial obligation of the parish and any of its political subdivisions and districts in conformity with applicable state law.

(4)

Make appointments to fill vacancies in the parish and local offices as provided herein and as provided by law, and to fill other parish and local offices unless prohibited by law from a list of names of those persons submitted by the parish president and from a list of names submitted by council members.

(5)

Select an official journal for the parish and the political subdivisions and districts at its organizational meeting and at its first meeting in June yearly. The newspaper selected as the official journal shall be published in a newspaper plant located in the parish, if any such plant exists, for a period of at least five (5) years preceding its election as official journal. The official journal shall publish all minutes, ordinances, resolutions, budgets, and other official proceedings of the parish council. The parish official journal must at all times meet the qualifications of R.S. 43:142, as amended.

(6)

Adopt a code embracing all of the ordinances which the parish council may enact; or amend and revise its existing ordinances in whole or in part, compile the revisions in book or pamphlet form and adopt and promulgate the same by one publication in its official journal.

(7)

(a)

Levy and have collected any and all classes of taxes, excises, tariffs, licenses, and fees, not prohibited by state law, and in conformity with provisions of the state constitution, for the operation, maintenance, and capital improvements of the Parish of Plaquemines and the political subdivisions and districts therein.

(b)

Order elections, and when authorized by a vote of a majority of the authorized electors voting in an election called for the purpose, levy special taxes in aid of public improvements and services as provided by law.

(8)

Exercise the right of eminent domain to secure lands and property needed for public improvements, including but not limited to the laying out and constructing of streets, parks, drainage, water, sewer, and other utility systems.

(9)

Adopt regulations and prepare, enact, and enforce plans for land use, zoning, and historic preservation, the authority to do which is declared to be a public purpose; create commissions and districts to implement those regulations; review decisions of any such commission; and adopt standards for use, construction, demolition and modification of areas and structures.

(10)

Govern and regulate the laying out of subdivisions, roads, streets, alleys, and other avenues of traffic, playgrounds, community centers, and other public buildings, grounds, or improvements.

(11)

Maintain roads and streets dedicated for public use and to adorn and light the same.

(12)

Control, supervise, and regulate trailer courts, tourist courts, and tourist camps.

(13)

Issue, withhold, suspend, or revoke liquor licenses, regulate bar rooms, taverns, restaurants, night clubs, and to provide safety, sanitary and health requirements.

(14)

Prohibit and suppress disreputable houses or places of business, and all kinds of indecency and other disorderly practices, disturbances of the peace, gambling houses and rooms, and to provide for the punishment of persons engaged therein.

(15)

Prevent, remove and abate nuisances; to compel and regulate construction or use of cesspools, connection of properties with sewers and drains; to regulate cleaning and keeping in order places where offensive matter is kept or permitted to accumulate; and to compel and regulate the removal of garbage and filth, and to prohibit the littering of roads, streets, and highways.

(16)

Prevent injury to, destruction of, or interference with public or private property, including the adoption of laws or ordinances concerning trespass upon public or private property.

(17)

Prevent and regulate the running at large of animals of all kinds, including the appointment of poundkeepers, the impounding of animals roaming or running at large and the selling of same to defray the expenses incurred therefor.

(18)

Grant and require all persons, firms, and corporations to secure permits for geophysical and geological surveys, and exploration for minerals on any lands owned by the parish or by any political subdivision or district, situated therein, or upon parish lateral roads, streets, canals, ditches, and similar public property.

(19)

Grant and require all persons, firms, and corporations to secure permits for geophysical and geological surveys, and for exploration for, and transportation of oil, gas and other minerals within the parish, including all dredge and fill uses associated therewith and all other associated uses.

(20)

Provide, maintain, and operate fire apparatus and equipment to be located and operated at such places in the parish to furnish fire protection and to adopt regulations to assist in fire prevention.

(21)

Adopt building, electrical, technical, and other codes and require permits, licenses, or other authorizations required by law, or by ordinance or regulation of the parish council. Provide for examining and licensing boards, their duties, functions, and authority.

(22)

Regulate, control, grant franchises to, or itself operate any public utilities. All lawful franchises, contracts, and licenses in force on the effective date of this Charter shall continue in effect under their terms and provisions, unless and until subsequently modified, amended, or terminated according to such agreements or as provided by law.

(23)

Provide by ordinance for benefits for parish employees including, but not limited to, social security, retirement and group insurance plan, death and hospitalization insurance.

(24)

Create by ordinance such advisory boards as may be deemed necessary, prescribing in each case the number, length of terms, and duties of members of such boards.

(25)

Provide for the employment of any employees and personnel which, in its judgment, may be necessary and proper to perform the work and carry out the duties and functions of parish government and the conduct and operation of the other political subdivisions and districts situated within the parish.

(26)

Have the exclusive authority to provide for the compensation and the terms and conditions of employment under which all of its employees shall be employed and work for the Parish of Plaquemines and all other political subdivisions and districts therein.

(27)

Serve as the sole governing authority for the Plaquemines Parish Port, Harbor and Terminal District.

B.

The parish council may conduct investigations, and may issue subpoenas for the production of books and papers and summonses to compel the attendance of witnesses and their examination under oath to secure data and information helpful in the adoption of ordinances to carry out the objects and purposes of this Charter; and to secure evidence regarding the violation of any provisions of this Charter or ordinances.

C.

Every act of the parish council which is to have the effect of law shall be in the form of an ordinance and, after a brief title indicating the subject matter of the ordinance, shall begin with the words: "BE IT ORDAINED by the Plaquemines Parish Council."