R. S. 2444-Act 181, 1902 of Orleans excepted, to refuse to place on record any deeds of sale of property coming under the provisions of this act, until the provisions of this act shall have been complied with; and to report to the District. Attorney all violations of this act. MANNER IN WHICH MUNICIPAL SITES SHALL BE LAID AN ACT providing the manner in which city, town or village sites shall be laid out and founded before same can be incorporated as a political municipal corporation; and prescribing a penalty for a non-compliance with its provisions. [Survey of Land—Boundaries, Streets, etc.-Plat to be Recorded.] SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That in any case, which any person may, hereafter, desire to found a city, town or village on his land, in this State; such person shall cause a survey of the land upon which the site of the city, town or village is to be located and founded, and to file a plat thereof, neatly made on good and durable tracing cloth, in the office of the recorder of the parish in which the same is situated, describing its exterior boundaries according to said survey; also giving the name of the city, town or village to be founded, and exhibiting its streets, alleys, sidewalks, or paths, squares, if any, blocks and lots and giving the size of the same, with the measurements; the names or numbers of the streets and alleys; the names of the public squares; the number of the blocks and of each lot in the various blocks. [Width of Streets and Sidewalks.] SEC. 2. Be it further enacted, etc., That all streets shall not be less than 50 feet wide, crossing each other at right angle and on each side of each street there shall be a sidewalk or banquette, of not less than 10 feet wide. [Dedication of Streets to Public Use, etc.] SEC. 3. Be it further enacted, etc., That in any and all cases in which any person shall have surveyed, divided and platted any portion of land for city, town or village site, as aforesaid, he shall be required, further, to execute and cause to be recorded in the office of the recorder of the parish, in which said land may be situated, an act in which he shall dedicate the use of the streets, alleys, and sidewalks to the traveling public; and the purpose of recreation and peaceable amusement by the people and for the purpose of being ornamented with shrubberies and shade trees, by the corporation or private individuals. R. S. 2444-Act 105, 1892 [City, etc., Shall Not Be Incorporated Until Act Is Complied With.] SEC. 4. Be it further enacted, etc., That until the foregoing provisions shall have been fully complied with, no act of incorporation or charter to any city, town or village shall be granted or recognized, as having any governmental municipal existence or standing in this State; and any act or acts of any person or persons, pretending to act in any official capacity for the local government, of any city, town or village laid out, founded, chartered and organized contrary to or in disregard or violation of any provision of this act shall be illegal and have no binding force and effect and shall be null and void; Provided that the provisions of this act shall not apply to cities, towns or villages already laid out. [When Act Takes Effect.] SEC. 5. Be it further enacted, etc., That this act shall take effect from and after its promulgation. It was thought prudent to print both of the foregoing acts, though on the same subject, as the latter does not repeal the former. CORPORATE LIMITS, HOW EXTENDED. Act 105, 1892, p. 137. AN ACT prescribing the manner in which cities and towns in this State, the city of New Orleans excepted, may extend their territorial corporate limits so as to annex thereto and include therein lots or lands contiguous and adjacent to such city or towns. [Petition of Property Holders.] SECTION 1. That whenever one-third in number and in value of the bona fide owners of any lots or land, lying and being situated contiguous and adjacent to the territorial corporate limits of any city or town in this State, the city of New Orleans excepted, shall desire that such lots or land be annexed to and included in the territorial corporate limits of any such adjacent and contiguous city or town, and so as to constitute a part thereof, they shall present to the mayor and council, board of aldermen, or trustees, or the municipal authorities of such city or town as constituted by law, by whatever name called, a petition in writing signed by them, setting forth their desire that said lots or land shall be annexed to and included in the territorial corporate limits of such city or town, and so as to constitute a part thereof, and therein also fully setting forth the boundaries an accur R. S. 2444-Act 105, 1892 ate description of such lots or land which they desire to be annexed to and included in the territorial corporate limits of such adjacent and contiguous city or town. The council of a municipality is without power to order an election for the annexation of lands adjacent to the city unless the petition therefor is before the council signed by one-third in number and value of the property owners proposed to be annexed, and injunction will issue to prevent the execution of an ordinance adopted without the fulfillment of the condition. Layton, Tutrix, vs. Mayor, etc., et als., 50 An. 121. See Dees vs. City, 50 An. 356; City vs. Police Jury, 50 An. 346. See Act 136, 1898, p. 1065. [What Must Accompany Petition.] SEC. 2. That such petition shall be accompanied with a proces verbal and plat of survey of such lots or land desired to be annexed to and included in the territorial corporate limits of such city or town made by the parish surveyor of the parish in which said city or town. is situated. Such survey and proces verbal and plat thereof, to be first made by such surveyor for such purpose, shall set forth the boundaries and accurate description of such lots or land desired to be so annexed, and shall be by such surveyor certified to be correct. [Submission of Issue to Electors of Locality Seeking Annexation.] SEC. 3. That upon the presentation of such petition, accompanied with such proces verbal and plat of survey as aforesaid, such mayor and council, board of aldermen, or trustees, or the municipal authorities of such city or town as constituted by law, by whatever name called, the petition and proces verbal and plat of survey aforesaid shall be recorded and transcribed upon the public record book wherein the ordinances or official proceedings of such municipal authorities are usually recorded, and also permanently preserved among the official records of such city or town; and the municipal authorities as aforesaid of such city or town shall then have authority to order an election to be held by the qualified electors residing in and upon the lots or land proposed to be annexed to such contiguous and adjacent city or town, submitting the proposition, to be voted on at such election, whether they desire that such lots or lands shall be annexed to and included in the territorial corporate limits of such contiguous and adjacent city or town. [How Election Shall Be Held-Notice, etc.] SEC. 4. That such election shall be held under the general election laws of the State, and preceded by a notice of ten days or more in one or more newspapers published in such city or town, or if there be none by posting as required in sheriff's and constable's sales; the said notice to set forth specifically the manner in which such election is to be conducted, and the boundaries and description of such lots or land R. S. 2444-Act 105, 1892 proposed to be annexed to and included in the territorial corporate limits of such city or town, and also designating the polling place or places and the names of the commissioners of election, as well as the manner of counting the votes and making the returns. [Voters.] SEC. 5. That at such election no person shall be allowed to vote except those qualified to vote under the general election laws of the State, and who reside in and upon the lots or land proposed to be annexed to and included in the territorial corporate limits of such city or town. [Returns of Election, etc.] SEC. 6. That the returns of such election shall be made to the municipal authorities of such city or town as aforesaid within forty-eight hours after the closing of the polls at such election, and such returns of election shall be likewise recorded and transcribed in the public record book wherein the ordinances or official proceedings of such municipal authorities are usually recorded; and also permanently preserved among the official records of such city or town; and the said municipal authorities shall within ten days thereafter make publie proclamation of the result of such election by publication for ten days in one or more newspapers in said city or town, or if there be none by posting as required in sheriff's and constable's sales. [Submission of Issue to Electors of Municipality.] SEC. 7. That after the expiration of the publication of the result of such election as aforesaid, if a majority in number and value of the qualified electors residing in and upon the lots or land proposed to be annexed to and included in the territorial corporate limits of such city or town, voting at such election, have voted in favor thereof, the municipal authorities of such city or town as aforesaid shall then have authority to order an election to be held under the general election. laws of the State by the qualified electors residing within the corporate limits of such city or town as theretofore established, submitting the proposition to be voted on at such election, whether they concur in, consent and accede to such proposed annexation to the territorial corporate limits of such city or town. [How Election Shall Be Held—Notice, etc.] SEC. 8. That such election shall likewise be preceded by a notice of ten days in one or more newspapers published in such city or town, or if there be none by posting as required in sheriff's or constable's sales; and such notice shall likewise set forth specifically the manner in which such election is to be conducted and the boundaries and descrip R. S. 2444-Act 105, 1892 tion of such lots or land proposed to be annexed to and included in the territorial corporate limits of such city or town, and also designate the polling place or places, and the names of the commissioners of election, as well as the manner of counting the votes and making returns. [Voters.] SEC. 9. That at such election no person shall be allowed to vote except those qualified to vote under the general election laws of the State, and who reside in the territorial corporate limtis of such city. or town as theretofore established and constituted. [Returns of Election, etc.] SEC. 10. That the returns of such election shall be made to the municipal authorities of such city or town as aforesaid, within fortyeight hours after the closing of the polls at such election, and such returns of election shall be likewise recorded and transcribed in the public record book wherein the ordinances or official proceedings of such municipal authorities are usually recorded; and the said municipal authorities shall within ten days thereafter make public proclamation of the result of such election by publication for ten days in one or more newspapers published in said' city or town, or if there be none by posting as required in sheriff's and constable's sales; and if a majority in number and value of the qualified electors residing in the territorial corporate limits of such city or town as theretofore established and constituted, voting at such election have voted in favor of the proposed annexation of such lots or land to and including them in the territorial corporate limits of such city or town, then the said lots or land proposed to be annexed to and included in the territorial corporate limits of such city or town, shall, from the expiration. of the proclamation of the result of such election as aforesaid, be annexed to, included in and constitute part of the territorial corporate limits of such city or town, and be subject to the jurisdiction, control and authority of the municipal authorities of such city or town as fully and to all intents and purposes as if the same had been originally included in the territorial corporate limits thereof. [Resubmission of Issue.] SEC. 11. That no election proposing to annex to and include in the corporate limits of any city or town the same contiguous and adjacent lots or land shall be held oftener than once in twelve months. [Repealing Clause.] SEC. 12. That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed, and that this act shall take effect from and after its passage. |