Units of Local Government
There shall hence forth be within the limits of East Baton Rouge Parish, as the same are now established, a parish government and such other units of local government as are provided in this plan of government.
East Baton Rouge Parish shall continue to be a political subdivision of the state and through the Metropolitan Council as the governing body thereof, as provided for in Section 2.01 hereof, shall have all the privileges, powers, and duties, not inconsistent with the provisions of this plan of government, heretofore possessed by East Baton Rouge Parish or the governing body thereof, or which may hereafter be conferred or imposed on parishes on the governing bodies hereof by the constitution and laws of the state and, in addition, such other powers and duties as are specifically conferred or imposed on East Baton Rouge Parish by this plan of government.
City of Baton Rouge
The City of Baton Rouge shall continue its existence as a political subdivision of the state and body corporate under its charter as heretofore enacted except as the same is inconsistent with the provisions of this plan of government with the Metropolitan Council acting as the governing body thereof and, as provided for in Section 2.01 thereof. The Boundaries of the City of Baton Rouge are hereby extended to include, and shall henceforth always coincide with, the boundaries of the urban area as they are defined in this chapter and as they may be further extended in accordance therewith.
The road, sewerage and drainage districts established within East Baton Rouge Parish prior to the first day of January 1949, whether within or without the City of Baton Rouge, shall continue to exist as on that date constituted to effectuate the purpose for which each was created, to complete any works begun or authorized therein, to pay the debts of the district, and to levy such taxes and other charges as may have been or may be legally authorized in each such district. There shall also be within East Baton Rouge Parish such other districts as may be established by the governing body of the parish or city in accordance with the constitution and general laws of the state.
The incorporated municipalities of Zachary, Baker and Central shall be parts of the rural area as defined in section 1.08 and shall continue in existence as municipalities subject, except as specifically provided in this Plan of Government, to the general laws of the state relating to incorporated municipalities towns and villages , and may enlarge their boundaries as provided in such laws. No additional city, town or village shall be incorporated in East Baton Rouge Parish. (As amended October 20, 2007)
Indebtedness of the City of Baton Rouge
All bonded indebtedness, including excess revenue bonds, of the City of Baton Rouge, outstanding on the first day of January 1949, shall be paid by taxes levied on taxable property within such city as constituted prior to such date, and the governing body of the City of Baton Rouge is hereby expressly authorized and required to levy annually on such taxable property taxes sufficient to meet principal and interest requirements on such indebtedness as such principal and interest become due.
Transfer of Property and Obligations
There are hereby transferred to the City of Baton Rouge, as of the first day of January 1949, the property and obligations of the Fire Protection District Number One of East Baton Rouge Parish, and the incinerators, dumps, other lands and equipment belonging to East Baton Rouge Parish used in the collection and disposal of garbage and other refuse. There are hereby transferred as of the first day of January 1949, to East Baton Rouge Parish the use of all lands, buildings and equipment, belonging to the City of Baton Rouge, used in the construction, maintenance, repair, and cleaning of the streets, boulevards, parkways, bridges, alleys and other public ways. There is also transferred, as of the first day of January 1949, to the Recreation and Park Commission for the Parish of East Baton Rouge all equipment belonging to the City of Baton Rouge and used exclusively for recreational purposes or the maintenance of parks, playgrounds and play fields.
Urban, Industrial, and Rural Areas
There shall be in East Baton Rouge Parish the following areas:
(a) Urban Area. There shall be in East Baton Rouge Parish an urban area in which, because of the congestion of population therein, there shall be supplied by the City of Baton Rouge, unless supplied by districts established in accordance with the constitution and general laws of the state, police protection, fire protection, garbage and refuse collection and disposal, street lighting, and the maintenance and operation of sewers and sewer works. The Urban area shall be as detailed by the official map and legal description of the Urban Area maintained by the Planning Commission and the Department heads as listed in Section 5.01 and 5.02 of the Plan of Government, as they are defined in this chapter and as they may be further extended in accordance herewith and shall coincide with the boundaries of the City of Baton Rouge. (As amended December 6, 2014)
(b) Industrial Areas There shall be in East Baton Rouge Parish six industrial areas predominantly used for industrial purposes and in which areas there shall be privately furnished the following services usually provided by local governments: the construction, maintenance and cleaning of streets, street lighting, sewers and sewerage works, fire protection, police protection, and garbage and refuse collection and disposal. None of the above services shall be supplied by the parish or city within the industrial areas except police and fire protection in case of grave emergency, as provided by agreements between property owners within the areas and the City of Baton Rouge for mutual assistance in such circumstances. It shall henceforth be unlawful in the industrial areas to construct or alter any building for use in whole or part for residential purposes. No portion of the industrial areas, so long as the above conditions are observed, shall be added to the urban area. If an industrial area or any portion thereof shall at any time cease to provide at the expense of the industry or industries located therein any of the services or facilities enumerated in this subsection, which are necessary in such area, and these facts are determined after public hearing by the Parish Council, such industrial area or portion thereof in which such service or facility is not provided at the expense of the industry or industries concerned shall cease to be an industrial area or part thereof and may, without petition by the property owners therein, be added to the urban area by the City Council, subject to appeal to the District Court as provided in the case of other additions to the urban area.
The boundaries of the industrial areas shall be as detailed by the official maps and legal descriptions of the Industrial Areas maintained by the Planning Commission and the Department heads as listed in Section 5.01 and 5.02 of the Plan of Government, as they are defined in this chapter and as they may be further extended in accordance herewith. (As amended December 6, 2014)
(c) Rural Area There shall be in East Baton Rouge Parish a rural area consisting of that portion of the parish not included in either the urban or the industrial areas. Fire protection, garbage and refuse collection and disposal, street lighting, and sewers and sewerage works and the maintenance and operation thereof, shall not be provided by the parish in the rural area except through the medium of districts established by the governing body of the parish, as provided by the constitution and the general laws of the state; provided that the city may supply garbage and refuse collection for a service charge based on not less than the actual cost, to any premises in the rural area from which the parish was actually collecting garbage and other refuse prior to the first day of January 1949
Additions to the Boundaries of the City of Baton Rouge
Whenever a majority in number and amount of property tax payers, as certified by the Assessor, in any compact body of land adjoining the City of Baton Rouge but not part of an industrial area, shall petition the governing body of the city to be included in the boundaries of the City of Baton Rouge the said body shall fix a time, not less than ten nor more than thirty days after the filing of such petition, at which it shall hold a public hearing on the proposal to so extend the boundaries of the City of Baton Rouge. Notice of such hearing and of its time, place, objects and purposes, shall be given by publication twice in the official journal of the parish, which publication shall be completed not less than five days prior to the hearing. The valuation of the property owned by each of the signers of the petition shall be certified by the Parish Assessor as the valuation of such property appears in the last completed assessment of property, provided that he shall take account of subsequent change of ownership and if in any case the property of the present owner has not been specifically assessed the Assessor is authorized and directed to estimate the value of such property. After the conclusion of the hearing the governing body of the city may in its discretion add by ordinance, without additional public hearing, such body of land to the boundaries of the City of Baton Rouge and as such it shall become part of the City of Baton Rouge. Such ordinance shall be published in accordance with law and shall not go into effect until the thirtieth day following its final passage. During such period any citizen of the city or the area proposed to be added thereto may file and appeal therefrom in the District Court in the manner and with the effect provided by law. After the conclusion of such period the ordinance shall not be contested or attacked for any reason or cause whatever. (As amended October 20, 2007)
Additional Industrial Areas
(a) Additional industrial areas may be established by the governing body of the parish on petition of the owners of not less than ninety per cent in amount of the property in such proposed area; provided that any such additional industrial area shall consist of a compact body of land of not less than three hundred and twenty acres situated in a rural area; and provided further, that there shall be filed with the petition an undertaking on the part of the petitioners, secured by such bond as the governing body of the parish may require, to devote the area predominantly to industry, to construct in such area within five years thereafter a substantial industrial plant or plants described in the petition, and to provide at their expense in such area from and after the granting of the petition all necessary streets including the maintenance and cleaning thereof, sewers, sewerage works, fire protection, police protection, and garbage and refuse collection and disposal.
Any additional area so established shall be subject to all the conditions provided in subsection (b) of Section 1.08. In the event such undertaking is not faithfully carried out the area shall cease to be an industrial area and shall be subject to inclusion in the urban area as provided in subsection (b) of Section 1.08.
(b)The boundaries of industrial areas created under Section 1.08(b) or under Section 1.10(a) may be revised or expanded by the governing body of the Parish so as to include property of an existing plant facility located partially within and without said industrial area, conditioned upon the area for the proposed expansion being contiguous to the existing plant property, and the said plant otherwise complying with all provisions of Section 1.10(a) as to the providing of services. (As amended February 1, 1972).
Limitation on Tax Rates