Section 3-102. Number and Terms of Councilmen Councilmembers.
The Council shall consist of seven members, of whom five shall be elected from districts and two from the City at large. The terms of councilmen councilmembers shall be four years beginning on the first Monday in May next following their election except that a councilman councilmember elected to fill a vacancy shall serve only for the remainder of the unexpired term. If applicable law provides for a primary and general election for Mayor and members of the Council in the year 2005 and every fourth year thereafter, the Council shall take office beginning in the year 2006 on the third Monday in January.
Section 3-103. Councilmanic Districts.
(1) The City shall be divided into five Councilmanic Districts. Each District shall serve as the basis for electing a district councilman councilmember. The five Districts shall be as follows: those existing on January 1, 1995, except as thereafter changed in accordance with the provisions of this Charter. The Council shall maintain maps and written descriptions of the Council districts for public review and inspection and shall make copies available, through sale or otherwise, to the public.
District "A" shall be composed of Ward 3, Precincts 17 through 20, inclusive; Ward 4 less Precincts 2 through 6, inclusive; Ward 5 less Precincts 1 through 11, inclusive; Ward 13 less Precincts 11 through 16, inclusive; Ward 14, Ward 16, Ward 17; and Ward 7 Precincts 41 and 42.
District "B" shall be composed of Ward 1; and Ward 2; Ward 3 less Precincts 17 through 20, inclusive; Ward 4, Precincts 3, 4, 5, and 6; Ward 10; Ward 11; Ward 12; and Ward 13, less Precincts 1-10.
District "C" shall be composed of Ward 4 Precinct 2; Ward 5, Precincts 1 through 11, inclusive; Ward 6; Ward 7 Precincts 1, 2, 6, 11, 12, 13, 14, 15, 16, 17, 17A, 18, and 19; Ward 8, Precincts 1 and 2; Ward 9, Precincts 9, 11, 12, 13, 14, 15, 16 and Ward 15.
District "D" shall be composed of Ward 7, Precincts 4, 4A, 5, 7, 8, 9, 9A, 10 and 20 through 40, inclusive; Ward 8, Precincts 4 through 30, inclusive; and Ward 9, Precincts 10, 17 through 27, 28C and 29 through 31E, inclusive.
District "E" shall be composed of Ward 9, Precincts 1 through 8A, inclusive, 28 through 28B, inclusive and 32 through 45, inclusive.
(2) The Wards referred to in this Section shall mean the seventeen wards of the City existing at the effective date of this Charter.
(2) (3) It shall be the mandatory duty of the Council to redistrict the City by ordinance, which shall not be subject to veto by the Mayor, within six months after the official publication by the United States of the population of the City by precinct as enumerated in each decennial census. Each councilmanic district shall contain as nearly as possible the population factor obtained by dividing by five the City's population as shown by the decennial census. At the expiration of the six month period, if the Council shall have failed to redistrict the City as herein required, the responsibility for redistricting shall pass to a Redistricting Commission, consisting of the presidents or chancellors or a person designated by the president or chancellor of Dillard University, Loyola University, Southern University of New Orleans, Tulane University, the University of New Orleans and Xavier University and a designee selected by each member of the Council. Each member of the Redistricting Commission shall be an elector of and domiciled in the City of New Orleans. The City Attorney shall notify the university presidents or chancellors and the members of the Council of the need for activation of the Redistricting Commission and shall request that they make appointments to the Commission within ten days. The City Attorney shall convene the first meeting of the Commission no sooner than fourteen nor later than twenty-one days following the delivery of notice to the university presidents or chancellors and the members of the Council. A majority of the members initially appointed shall constitute a quorum for purposes of the first meeting of the Commission, at which the members there assembled shall proceed forthwith to make, by majority vote, any appointments not theretofore designated by the appointing authorities. Thereafter, a quorum shall consist of a majority of all thirteen members of the Commission. No later than forty days following the City Attorney's notice to the university presidents or chancellors and the members of the Council, the Redistricting Commission shall, by majority vote, adopt a redistricting plan. The plan shall immediately be delivered to the Clerk of Council and shall become legally effective upon its receipt by the Council Clerk. Following the expiration of the six month period, the members of the Council shall not receive any further salaries until the Council Redistricting Commission shall have adopted such ordinance, which may not be vetoed by the Mayor, delivered such redistricting plan to the Clerk of Council, and the Director of Finance shall not issue checks for such salaries for said periods.
Section 3-104. Qualifications of Councilmen Councilmembers.
(1) A councilman councilmember shall be a citizen of the United States and a qualified elector of and domiciled in the City, and shall not hold any other public office or position, except that the councilmember may hold the office of Notary Public, and office in the military or naval forces excepted, or a position as a public school, public college, or public university administrator, teacher, instructor, or professor. Candidates for Councilman councilmember-at- large shall have been residents of domiciled in the City for two years immediately preceding their election. Except as provided in paragraph (2) of this Section, candidates for district councilman councilmember shall have been residents of domiciled in the districts from which elected for at least two years immediately preceding their election. Any councilman who removes his residence from the City or from the district from which he was elected shall thereby councilmember who ceases to be domiciled in the district from which elected shall thereby vacate his the office.
(2) At the next regular election for members of the Council following Council redistricting, an elector may qualify as a candidate from any district created in whole or in part from a district existing prior to redistricting, if the elector was domiciled in that prior district for at least two years immediately preceding qualification. The seat of any member who changes domicile from the district represented or, if elected after redistricting, whose domicile is not within the district represented within one year after taking office shall be vacated thereby, any declaration of retention of domicile to the contrary notwithstanding.
Section 3-105. Election of Councilmen Councilmembers.
(1) At the an election to be held on the first Tuesday following the first Monday of April, 1954, and every fourth year thereafter, every four years at the time of the election of the Mayor in accordance with the election laws of the state, one councilman councilmember shall be elected from each councilmanic district and two from the City at large. Each elector may vote for one district councilman councilmember from that elector's district, from his district and may also vote for two councilmen councilmembers-at-large.
(2) A vacancy in the office of any councilman councilmember shall be filled as follows:
(a) If the unexpired term is less than one year, the remaining members of the Council shall select by a majority vote of all of its members a citizen with the requisite qualifications to fill the vacancy for the unexpired term. Vacancies shall be filled only at a regular meeting of the Council after reasonable notice of the vacancy to all remaining members of the Council. Should the Council fail to fill any vacancy within thirty days after its occurrence, the Mayor shall appoint a citizen with the requisite qualifications to fill the vacancy for the unexpired term. A citizen selected or appointed to fill such vacancy shall be ineligible to qualify as a candidate for that office at the next election.
(b)(i) If the unexpired term is for one year or more, the vacancy shall be filled by special election, to be called by the Council within ten days after its occurrence and to be held within sixty days after the occurrence of the vacancy under the in accordance with the election laws of the State, at which time the electors of the City, or should the vacant office be that of a district councilman councilmember, the electors of that district, shall elect a citizen with the requisite qualifications to fill the vacancy for the remainder of term; provided, that if any special or general election is to be held in the City after thirty sixty days and within six months after occurrence of the vacancy, then the election shall be held in conjunction with such other election.
(ii) During the period between the time of vacancy and the filling of such vacancy by special election, the Council, by majority vote of its entire membership, shall select a citizen with the requisite qualifications to fill the vacancy. Should the Council fail to fill any vacancy within thirty days after its occurrence, the Mayor shall appoint a citizen with the requisite qualifications to fill the vacancy during the interim period. A citizen selected or appointed to fill the vacancy shall be ineligible to qualify as a candidate for that office at the next election called to fill the vacancy.
Section 3-105.1 Limitation on Election of Councilmen.
(3) A person who has served as a councilman councilmember representing a Council district for more than one and one-half terms in two consecutive terms shall not be elected as a councilman councilmember representing a Council district for the succeeding term. A person who has served as a councilman councilmember-at-large for more than one and one-half terms in two consecutive terms shall not be elected as a councilman councilmember-at-large for the succeeding term.
Section 3-106. Salaries and Removal of Councilman Councilmembers.
(1) The salary of each councilman councilmember shall be $7,500 per annum. The Council may ordain changes in the salary of councilman as provided by ordinance, provided that each councilman councilmember shall receive the same salary and that no increase of salary shall be effective during the term in which said increase is voted. No change in the salaries of councilman councilmembers made during the last six months of any term shall be valid as to any councilman councilmember elected for a succeeding term.
(2) Councilmen Councilmembers shall be removed from office only in the following manner provided by law for the removal of municipal officers. and for the following reasons:
(a) If a councilmember pleads guilty or nolo contendere to a federal or state felony charge, the Council shall, by majority vote of its entire membership, declare that the seat of the councilmember is vacant due to the disqualification of the incumbent for felonious behavior and shall forthwith proceed to fill the vacancy in accordance with the applicable provisions of Section 3-105 of this Charter. Should the Council fail to fill any vacancy within thirty days after its occurrence, the Mayor shall appoint a citizen with the requisite qualifications to fill the vacancy.
(b)(i) If a councilmember is convicted of a federal or state felony, that councilmember shall be automatically suspended from the seat without compensation. The suspension without compensation shall continue until the conviction is final and all appellate review of the original trial court proceedings is exhausted, at which time the Council shall, by majority vote of its entire membership, declare that the seat of the councilmember is vacant due to the disqualification of the incumbent for felonious behavior and shall forthwith proceed to fill the vacancy in accordance with the applicable provisions of Section 3-105 of this Charter. Should the Council fail to fill any vacancy within thirty days after its occurrence, the Mayor shall appoint a citizen with the requisite qualifications to fill the vacancy. During the period of suspension, the councilmember shall not perform any official act, duty, or function nor shall the councilmember receive any compensation, pay, allowance, emolument, or privilege of the office. If the conviction is reversed on appeal, the councilmember shall be entitled to and shall receive full back pay from the date of suspension with legal interest on portions thereof, from the date that the Councilmember, but for the suspension, would have been paid that portion. Additionally, the Councilmember shall have restored all rights, duties, powers, allowances, emoluments, and privileges of office.
(ii) During this suspension, the Council shall, by a majority vote of its entire membership, declare that the seat of the councilmember is temporarily vacant due to suspension and shall forthwith proceed to fill the vacancy in accordance with the applicable provisions of Section 3-105(2)(a) of this Charter. Should the Council fail to fill any vacancy within thirty days after its occurrence, the Mayor shall appoint a citizen with the requisite qualifications to fill the vacancy. Any citizen appointed to fill a temporary vacancy under the terms of this section shall serve in the appointed capacity until the conviction of the councilmember is reversed on appeal or until expiration of the term of office of the suspended councilmember, whichever comes first.
(c) If a councilmember is recalled from office in accordance with applicable state or municipal law, the vacancy shall be filled forthwith in accordance with the applicable provisions of Section 3-105 of this Charter.
Section 3-107. Organization of the Council; Officers; Rules; Employees.
(1) The members of the Council shall take office on the same day as the Mayor in accordance with Section 4-201 of this Charter. The Council shall meet in the Council Chamber at the City Hall for organization at noon on the first Monday in May following its election day its members take office, at which time it shall elect one at-large member as President and any one of its other members as Vice-President, both of whom shall serve at pleasure of the Council. It shall also elect a Clerk of Council who shall not be selected from its own membership. In the event of the President's absence or disability, the Vice-President shall act as President. All councilmen councilmembers, including the President, shall have the right to vote in the Council at all times, except when a councilmember-at-large is serving as Acting Mayor, in which case the councilmember-at-large may vote on such matters and for the limited purposes as provided in Section 4-204 of this Charter. Five members of the Council shall constitute a quorum.
(2) The Council shall adopt rules governing its officers and employees, and for the organization of committees, and the transaction of its business.
(3) The Council shall adopt such reasonable rules and regulations, which are used herein synonymously, affecting the public, including regulations relating to petitions or applications to be presented to it and the hearing and determination thereof, as are not inconsistent with applicable law and as are necessary to the performance of the functions assigned to it, provided that no such regulations shall become effective until inscribed in the Book of Regulations to be they shall have been published in the official journal at least one week prior to their adoption and shall have been subsequently adopted by the Council. The regulations shall also be published in the official journal after adoption by the Council. Such regulations shall be kept and indexed by the Clerk of Council, who shall make them available to members of the public upon request.
(4) Consistent with civil service law and regulations, The the Council may employ and fix the salaries of such employees as may be necessary for the proper discharge of its functions including members of a research and budget analyst staff, provided that no principal assistants or deputies may be employed by the council or individual members thereof. and shall establish by ordinance a pay plan for all its employees who are in the unclassified service.
(5) The rules of the Council shall provide for regular meetings, which shall commence at 10:00 a.m. weekly during December and semi monthly during the other months, and be held twice a month, provided that the Council may call additional regular meetings during the months of November and December by giving at least seventy-two hours advance public notice of an additional regular meeting. The Council's rules shall fix the time, date, and place of all regular meetings. Special meetings of the Council may be called by the Mayor or President of the Council and shall be called by the President upon petition of a majority of all members of the Council.
(6) Any person shall be entitled upon request in writing to the Clerk of Council and subject to such regulation as the Council may have prescribed, to a reasonable hearing on any proposed ordinance . The Council may in its discretion provide for such hearing by the entire
Council or a Committee thereof.
(7) The Clerk of Council shall maintain a current and comprehensive index of all ordinances, resolutions, motions, rules, and regulations. Further, the Clerk of Council shall publish or cause to be published a current City Charter.
Section 3-108. Council Meetings to be Public.
The meetings of the Council and its committees shall be open to the public in accordance with applicable state and municipal law.
Section 3-109. Applicability of Certain General Provisions.
The Council and its employees shall be subject to the provisions of this Charter relative to the procurement of personal property, printing, engraving, and publication, contracting for public utility services, maintenance of equipment, disposal of personal property, payment for services and other expenses, distribution of printed matter and any applicable civil service law, rules and regulations.
Section 3-110. Mayor May Appear Before Council.
The Mayor shall have the right to attend any meeting of the Council or any of its committees and may express his views on matters pending before the Council but he shall have no right to introduce any motion, resolution, or ordinance, or amendments thereof, nor to vote thereon.
Section 3-111. Legislation by Ordinance.
Every act of the Council which is to become law shall be by ordinance and shall begin with the words: "The Council of the City of New Orleans hereby ordains:". Repetition of the ordaining clause in succeeding portions of an ordinance shall not be required.
for the year. No state law, executive order, rule, or regulation requiring increased expenditures for any purpose that requires approval of the City shall become effective until approved by an ordinance identifying the legislative appropriation, local revenue, or other specific source of funds from which such increased expenditures shall be paid and only after affording the Revenue Estimating Conference a period of seven days within which to review and comment on the proposed source of funds.
Part of Document Missing. Section 3-116. Budget of Revenues.
(1) The Council, at the meeting at which the annual operating budget ordinance is adopted and within the limits of its power and subject to other provisions of this Charter, shall ordain such taxes and other revenue measures as will yield sufficient revenue which together with available surplus will balance said budget.
(2) The annual operating budget ordinance shall not become effective until the budget has been balanced. The Department of Finance shall not approve any expenditure under any portion of an annual operating budget ordinance until sufficient estimated revenues have been provided to finance the proposed expenditures.
(3) Revenues shall be estimated only upon the basis of the cash receipts anticipated for generally accepted accounting principles as defined by the Governmental Accounting Standards Board, or any successor organization, for the fiscal year.
Section 3-117. The Capital Program and Capital Budget.
(1) The Council shall approve a capital program and adopt a capital budget before it ordains the annual operating budget.
(2) The Capital Program.
(a) The capital program shall detail all permanent physical improvements that are planned to be financed in whole or in part from funds that are or may become subject to control or appropriation by the Council during each of the ensuing five years. For each separate project there shall be shown the amount and the sources of the money that has been expended or encumbered, or is to be expended or encumbered before the next fiscal year, and also the amount and the sources of the money planned to be expended during each of the ensuing five years.
(b) The Council may not amend the capital program as submitted to it, until it has requested and received through the Mayor the recommendations of the City Planning Commission with respect to the proposed amendment. The Council shall not be bound by such recommendations and may act without them if they are not received within fifteen days from the date they are requested.
(3) The Capital Budget Ordinance.
(a) The capital budget ordinance shall show in detail the capital expenditures to be made or incurred in accordance with the capital program during the next year. Amounts budgeted shall constitute appropriations from the funds indicated when available.
(b) Amendments to the capital budget ordinance must conform to the capital program, as amended.
Section 3-118. Adoption of Pay Plans.
All persons employed by the City or any of its boards, whether as officers or otherwise, and paid either in part or in whole from appropriations made by the Council, except those whose compensation is fixed in this Charter, shall be compensated only in accordance with pay plans adopted by the Council. The pay plan for those persons in the classified service shall be in accordance with the prevailing provisions of the civil service law and the rules and regulations adopted thereunder. Council employees who are in the unclassified service shall be compensated in accordance with the provisions of Section 3-107(4) of this Charter. The pay of all other persons shall be upon the basis of a pay plan recommended by the Mayor and adopted by ordinance.
Section 3-119. Creation of General Debt.
(1) The Council shall exercise all powers previously vested in the Commission Council in connection with the creation of debt by the Board of Liquidation, City Debt, on behalf of the City of New Orleans; provided, however, that except as expressly authorized elsewhere in this Charter, the Council shall not have authority to submit to the people any proposition creating any bonded indebtedness for the following purposes:
(a) The payment of any operating expense.
(b) The payment of any judgment resulting from the failure of the City to pay any item or items of operating expense,
(c) The payment for any equipment or any public improvement of a normal life of less than ten years.
The City shall have the authority, except as otherwise prohibited by this Charter, to incur any debt of a term longer than one year permitted under the Constitution and applicable state and municipal law with the approval of a majority of all members of the City Council.
(2) The foregoing limitations shall not apply should the Council unanimously declare the existence of an emergency due to a public calamity act of God, riot, war, or a grave emergency which threatens widespread loss of life or grievous injury to health or property.
Section 3-120. Creation of Special Assessment Debt.
The Council may authorize the issuance of certificates of indebtedness to finance assessable public improvements only to the extent provided in this Charter and in the manner provided by law.
Section 3-121. Anticipation of Revenues.
The Council may, subject to such limitations as may be contained in the Constitution, borrow in any calendar year in anticipation of the collection of the taxes of that year, and for any of the purposes for which such taxes are levied, such sums as shall not be in excess of seventy-five per cent of the amount of the uncollected taxes of such year.
Section 3-122. Official Journal.
(1) The Clerk of Council shall annually offer a contract for the publication of the official journal of the City to be awarded to the daily newspaper published in the City offering the lowest bid per agate line, provided such contract shall not be awarded to any newspaper with an audited daily paid circulation of less than 50,000 copies to the lowest competitive bidder meeting the specifications contained in the bid documents. The requirements for the official journal shall be established by ordinance .
(2) The contract ordinance establishing requirements shall also stipulate that the newspaper official journal will accept for publication, at not more than the same rates, the official publications of the various officers, departments and boards of the City.
(3) Unless prohibited by applicable and preemptive state law, the Council may provide by ordinance that any item required by this Charter to be published in the official journal may instead be published electronically or in a register. The Chief Administrative Officer shall be responsible for implementation of said ordinance. Any contract for such publication shall be subject to applicable public bid laws and competitive selection procedures.
Section 3-123. Publication of Ordinances and Official Acts.
(1) All ordinances and other official acts of the Council shall be published promptly after their adoption by one insertion in the official journal, which shall not be on a Saturday, Sunday, or other legal holiday, except as otherwise provided by applicable state or municipal law or this Charter.
(2) The Council may provide for or require the publication in the official journal of all or any part of the proceedings, notices, and actions of officers, departments and boards of the City.
Section 3-124. Investigations.
(1) The Council shall have the power to conduct investigations of:
(a) The operation of any office, department or board administering the affairs of the City.
(b) Any subject upon which it may legislate.
(c) Any entity which receives funds from the City or which is funded in whole or in part by City taxes, fees, fines, bond proceeds, or other revenue generated by or under the authority of the City. Such investigation shall be limited to the use or expenditure of such funds.
(d) Any entity which was created or exists under the authority of the City.
(2) In conducting investigations, the Council shall have the right to administer oaths, subpoena witnesses and compel the production of books and papers pertinent thereto.
Section 3-125. Removal of Unclassified Appointees.
The Council may bring charges against any person appointed to the unclassified service for lack of qualifications, incompetence, neglect of duty, failure to comply with a lawful directive of the Civil Service Commission or gross misconduct in reference to his that person's duties. The charges shall be presented in writing to the appointing authority and to the accused, and if he the appointing authority does not remove the accused, the Council may order a public hearing thereon, at which the official accused and the appointing authority shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books and papers. If, after hearing, the accused be found guilty as charged, he the accused may be suspended or dismissed from the City service by the concurrence affirmative vote of a majority of the entire membership of the Council.
Section 3-126. Temporary Prohibitions.
(1) The Council may by the affirmative vote of a majority of its membership impose a moratorium ordinance, interim zoning district, or other temporary prohibition on zoning, permitting, and other similar functions where necessary to protect the public health, safety, or welfare for a temporary period. All such temporary prohibitions shall specify the type of review required and the city agency responsible for the review; the agency shall complete its review and provide its report to the Council within the time limits established for such temporary prohibitions. No moratorium ordinance, interim zoning district, or other temporary prohibition shall remain in effect for more than one year, provided that the Council may by ordinance authorize one extension for an additional period of 180 days. In the event that the agency responsible for the required review has not completed its review and submitted its report within the initial period or the 180 day extension, the Council may by ordinance extend the temporary prohibition for one additional period of up to 180 days. Thereafter, no moratorium ordinance, interim zoning district, or similar prohibition of substantially the same legal effect on substantially the same geographic area may be imposed until at least one year after the expiration of the prior moratorium ordinance, interim zoning district, or other temporary prohibition. A moratorium ordinance adopted pursuant to this section shall not be required to lie over for the twenty-day period specified in Section 3-112(5) of this chapter.
(2) Any moratorium ordinance, interim zoning district, or other temporary prohibition in effect on January 1, 1996 shall be limited to a term of one year in duration from that date subject to extensions as provided in paragraph (1) above.
(3) Any moratorium ordinance, interim zoning district, or other temporary prohibition shall provide for a right of appeal to the Council for waivers or exceptions thereto. Such waivers or exceptions may be granted by an ordinance adopted by a majority of all members of the Council.
Section 3-127. Creation of Advisory Committees.
The Council may appoint advisory committees which shall exist for not more than one year from the date of appointment, but which may be reappointed from year to year. The members of advisory committees shall not be paid; their function shall be limited to counsel and advice, and their expenses, if any, shall be paid from appropriations to the Council. Advisory committees shall have no employees, but the Council may cause its employees to furnish such service as may be needed by said committees.
Section 4-1602.3-128. Granting of Franchises.
(1) The Council shall have the power to grant franchises, privileges and permits, fixed or indeterminate, but no perpetual franchise, for the use of the streets and other public places for the furnishing of any service to the City or to its inhabitants subject to applicable state or municipal law. All franchises, privileges and permits and any renewals, extensions and amendments thereof, shall be granted only by ordinance. All such proposed ordinances shall be submitted to the Department of Utilities or its successor and it shall render to the Council a written report containing recommendations thereon.
(2) Each such proposed ordinance granting a franchise, privilege, or permit, ordinance, after having been introduced in the Council, shall be laid over and published once in full in the official journal. There shall then be published in the official journal three times once during each calendar week for the two successive weeks immediately following said publication in full, notices of intention, briefly describing the content of the proposed ordinance and citing where it can be seen. If any time during such period of publication, any citizen shall file notice with the Clerk of Council of a desire to be heard with respect to the proposed ordinance, it shall be the duty of the Council, after notice thereof in the official journal, to hold a public hearing thereon. After publication or public hearing as the case may be, the Council may approve, disapprove or amend the proposed ordinance. Should the Council desire to amend such proposed ordinance, it shall, before final passage, request the recommendation of the Department of Utilities or its successor with respect to the proposed changes. The Council shall not be bound by such recommendation and may act without it if it is not received within fifteen days from the date it is requested.
(3) The City shall be reimbursed by the grantee for all costs of publishing the preliminary ordinance, notices of intention and public hearing, and final ordinance.
(4) Should a proposed ordinance granting a franchise, privilege, or permit ordinance affect any portion of the Master Plan of the City Planning Commission, the Council shall before final consideration and passage request a recommendation from the City Planning Commission with respect thereto.
Section 4-1603. 3-129. Terms.
(1) Franchises, privileges and permits shall specify their purpose and the streets or other public areas which they affect. No perpetual franchise shall be granted.
(2) The Council shall, when granting an indeterminate permit, and may in other instances, reserve to the City the right to purchase the property of the utility devoted to the service furnished.
(3) The Council may require adequate consideration for the privilege of using the streets or other public areas in the ordinance granting a franchise, privilege or permit.
(4) No assignment of any franchise, privilege or permit shall be valid without the approval of the Council.
Section 4-1604. 3-130. Establishment of Rates.
The Council of the City of New Orleans shall have all powers of supervision, regulation, and control consistent with the maximum permissible exercise of the City's home rule authority and the Constitution of the State of Louisiana and shall be subject to all constitutional restrictions over any street railroad, electric, gas, heat, power, waterworks, and other public utility providing service within the City of New Orleans including, but not limited to the New Orleans Public Service, Inc. and the Louisiana Power and Light Company, their successors or assigns, as were heretofore transferred to the Louisiana Public Service Commission.
In the exercise of its powers of supervision, regulation and control of any street railroad, electric, gas, heat, power, waterworks, or other public utility, the Council shall, in cases involving the establishment, change or alteration of rates, charges, tolls, prices, fares or compensation for service or commodities supplied by such utilities, cause notice of the matter to be served upon the person, firm or corporation affected thereby, so that such person, firm or corporation shall have an opportunity, at a time and place to be specified in said notice, to be heard in respect to said matter. The Council shall make all necessary and reasonable rules and regulations to govern applications for the fixing or changing of rates and charges of public utilities and all petitions and complaints relating to any matter pertaining to the regulation of public utilities, and shall prescribe reasonable rules and regulations to govern the trial, hearing and rehearing of all matters referred to herein, under the same procedure as provided for ordinances granting franchises.
The City of New Orleans may institute, and/ or participate in, any proceeding, judicial, administrative, or any other proceeding (1) affecting the City Council's powers of supervision, regulation and control granted hereunder over public utilities or (2) affecting in any way the interests of the ratepayers of the City of New Orleans, notwithstanding that such judicial, administrative or other proceeding may have been commenced prior to the effective date hereof, and any recovery or benefit derived from any such proceeding shall be allocated by the City Council as it deems fit and proper, pursuant to such reasonable rules and regulations as the Council may adopt.
The City Council's powers of supervision, regulation and control over any street railroad, electric, gas, heat, power, waterworks, or other public utility shall include, inter alia, the power to allocate any funds, awards, recovery or any other benefit obtained by any public utility supervised, regulated and/or controlled under the provisions of this Chapter from any person, firm or corporation in connection with or in any way related to negotiations, judicial or administrative proceedings, directly or indirectly related to and/or in connection with any matter which is under the powers and authority herein granted to the City Council affecting the ratepayers in the City of New Orleans, and such allocations shall be made by ordinance or resolution, provided same shall be in accordance with the provisions hereof.
The powers of supervision, regulation, and control over any street railroad, electric, gas, heat, power, waterworks, or other public utility, shall include the authority to assess against such public utilities all costs, fees, and expenses incurred by the City of New Orleans in (1) the exercise of its powers of supervision, regulation, and control thereof, (2) the conduct of or participation in judicial, administrative or other proceedings which directly or indirectly affect the ratepayers of the City of New Orleans, including but not limited to the costs, fees and expenses of all services provided by consultants, engineers, attorneys, experts and such other persons, firms or corporations having expertise in the supervision, regulation and/or control of a public utility and/or which is any costs, fees, and expenses otherwise related to such other matters over which the Council has jurisdiction.
The orders of the Council fixing or establishing any rate, fare or charge for any commodity furnished, service rendered, or to be rendered, by any street railroad, electric, gas, heat, power, waterworks, or other public utility, or allocating any funds or other benefits, shall go into effect at such time as may be fixed by the Council and shall remain in effect and be complied with, unless and until changed, set aside or suspended by the Council or by a court of competent jurisdiction. Such order of the Council shall be upon a resolution or an ordinance in open council meeting and passed by an affirmative vote of a majority of all members of the Council.
The orders of the Council shall be enforced by the imposition of such reasonable penalties as the Council may provide, and any party in interest may appeal from orders of the Council to the Civil District Court for the Parish of Orleans by filing suit against the Council within thirty (30) days from the date of the order of the Council, and not thereafter.
The Council shall supervise, regulate, and control any street railroad, electric, gas, heat, power, waterworks, or other public utility, including but not limited to New Orleans Public Service, Inc. and Louisiana Power and Light Company, and their respective successors and assigns. The Council shall have the right and authority to obtain from the street railroad, electric, gas, heat, power, waterworks, or other public utility, supervised, regulated and controlled by it all information, papers, books, records, documents, and such other materials as shall be necessary and proper for the exercise of said powers, regulatory or otherwise and all costs, fees, and expenses in connection therewith shall be borne by the public utility required to furnish or produce same.
No matter subject to the supervision, regulation and control of the Council, as provided herein, shall be affected, augmented, diminished, or modified in any manner or form except as provided herein or by subsequent order or action of the Council or by order or judgment of a court of competent jurisdiction.
Section 4-1606. 3-131. Temporary Special Permits.
(1) The Council may by ordinance provide for the issuance of revocable permits limited as to time and purpose for the use of the streets and other public places when the furnishing of a public service to the City or to its inhabitants is temporarily required.
(2) The Council may by ordinance provide for the issuance of certificates of public necessity and convenience and for the regulation and supervision of all passenger vehicles offered for hire on the streets and other places. and not operated on fixed rails, specified routes, or between fixed terminals.