Governing Bodies - Powers and Duties
Powers of the Metropolitan Council
The Metropolitan Council of East Baton Rouge Parish shall, in addition to the powers and duties conferred or imposed by other provisions of this Plan of Government, have:
(a) All the powers and duties of East Baton Rouge Parish as provided in Section l.02 of this Plan of Government including the exclusive authority to bind and or obligate the City-Parish and or the expenditure of City-Parish funds. (As amended October 20, 2007)
(b) Exclusive authority, saving the authority of the State of Louisiana, throughout the Parish, including the City of Baton Rouge, with regard to the constructing, opening, widening, extending, closing, narrowing, improving, grading, paving, repaving, adorning with trees, shrubs and vines, curbing, guttering, cleaning, repairing, and maintaining of streets, highways, boulevards, parkways, bridges, alleys and other public ways, and the grading, improving, constructing and reconstructing of sidewalks, including the authority to assess the whole or part of the cost of any street, alley or sidewalk improvement on the owners of the abutting property. To that end there are hereby transferred to the Parish and to the Council as the governing body thereof, except as specifically provided in this Plan of Government, all the powers and duties hitherto conferred or imposed on the City of Baton Rouge by its charter or by the general laws of the State relating to the above enumerated matters, but such transfer of powers shall not be taken to diminish in any respect the power and obligation of the City, from whatever source derived, to: (l) supply street lighting; (2) regulate traffic and the parking of vehicles, including the provision of facilities for off-street parking; (3) grant franchises or permits for the use of streets, highways, boulevards, parkways, bridges, alleys and other public ways within the city; for pipes, poles, wire, conduits, street railways, bus lines, taxicabs and other vehicles for hire; (4) regulate the rates and conditions of service of any public utility or other person, firm or corporation holding any such franchise or permit; and (5) make charges and collect compensation for the privileges enjoyed by any such utility, person, firm or corporation.
(c) Power to construct, own, maintain and operate airports, and to provide for their management and control by the Department of Public Works, by a separate bureau in the office of the Mayor-President, or by a board of commission.
Powers and Duties City of Baton Rouge Metropolitan Council
The City of Baton Rouge as extended by this Plan of Government shall continue to have all the powers and duties, except as provided in this Plan of Government, heretofore possessed by the City of Baton Rouge under its Charter and the general laws of the State, and such other powers and duties not inconsistent with the Plan of Government as hereafter may be conferred or imposed on municipalities of the same population class. All provisions of the Charter of the City of Baton Rouge not in conflict with the provisions of this Plan of Government are expressly continued in force and effect and henceforth, shall be subject to amendment only to the same extent and in the same manner as hereinafter provided for the amendment of this Plan of Government. All ordinances of the City of Baton Rouge in force prior to the first day of January l949 shall, insofar as they are not inconsistent with the Plan of Government, remain in force and effect until amended or repealed by the Council.
Powers and Enforcement
For the purpose of carrying out the powers and duties conferred or imposed on the Metropolitan Council, such Council shall have power, whenever it deems it necessary, to require licenses and permits and fix the fees to be paid therefor, to charge compensation for any privilege granted or service rendered, and to provide penalties for the violation of any ordinance or regulation, which shall not exceed the maximum penalties allowable under the Laws of the State of Louisiana for offenses which fall within the jurisdiction of the Baton Rouge City Court. (As amended October 27, l979.)
Powers to Levy Taxes
The power or duty to perform any service or provide any facility, hereby granted to the Metropolitan Council, shall in all cases carry with it the power to levy taxes and to borrow money within the limits prescribed by this Plan of Government and by the Constitution and general laws of the State for the purpose of performing such service of providing such facility.