New Orleans City Charter
Proposed Revisions

We, the people of the City of New Orleans and Parish of Orleans, trusting in God and grateful to Him for the freedoms we enjoy, do ordain, establish, approve, and adopt this Home Rule Charter through which the City of New Orleans intends to possess and exercise the broadest rights, powers, privileges and authority of self-government permitted under the Constitution and laws of the State, pursuant to Section 22 of Article XIV of the Constitution of the State of Louisiana of 1921, as amended by Act 551 of 1950 and as continued by all appropriate Sections of the Constitution of the State of Louisiana of 1974, particularly but not exclusively Sections 4 and 6 of Article VI.

Section 1-101. Incorporation

Section 1-102. Form of Government

Section 1-103. Boundaries of the City

Section 1-101. Incorporation.

The inhabitants of the City of New Orleans, within the boundaries now established by law or as may hereafter be established, shall be and continue a body politic and corporate by the name of "City of New Orleans," hereinafter in this Charter called "City." By that name it shall have perpetual succession and enjoy all of the powers hereinafter recited.

Section 1-102. Form of Government.

The government provided by this Charter shall be known as the Mayor-Council form of government. The Mayor shall be aided by a Chief Administrative Officer who, in the performance of his the duties of office, shall be responsible to the Mayor.

Section 1-103. Boundaries of the City.

The boundaries of the City shall be as follows: Commencing at a point in the middle of the Mississippi River on the projected division line between the Parish of Orleans and the Parish of Jefferson, in the vicinity of Carrollton, and thence along the said projected line to the left bank of said river, and thence along the division line between the Parish of Orleans and the Parish of Jefferson to the south shore of Lake Pontchartrain, and thence to a point in the middle of Lake Pontchartrain on the projected said Parish division line, and thence along the middle of Lake Pontchartrain to the middle of the Rigolets, and thence along the middle of the Rigolets to Lake Borgne, and thence along the main shore of Lake Borgne, including all islands within one marine league distance thereof, to the middle of Fisherman's Canal, and thence along the middle of Fisherman's Canal to the line of the south side of Florida Walk, and thence along the said line of Florida Walk to the lower line of the United States Barracks, and thence along the said line of the United States Barracks to the left bank of the Mississippi River, and thence to a point in the middle of the Mississippi River on the projected line of the said United States Barracks, and thence along the middle of the Mississippi River to the point of commencement; and commencing at a point in the middle of the Mississippi River, abreast of a point on the right bank of the said river established by the Board of State Engineers, opposite Ptolemy Street, and thence to said point, and thence running as follows, viz: South, 42 deg. 30 min.; east, 4 miles and about 1,080 feet and south, 3 deg. 10 min.; west about 620 feet. Thence along the back line of properties south, 57 deg. east 2,143 feet 4 1/2 in.; north 2 deg. 45 min.; east 1,910 feet 7 in.; south 53 deg. 30 min.; east 5,162 feet 2 in.; north 6 deg. 15 min.; east 4,932 feet 7 in. to township line, 1 mile, 138 feet 9 3/4 in.; south 76 deg. east 3,111 feet 4 1/2 in. to township line, 445 feet 10 in.; south 72 deg. east 947 feet 9 1/2 in.; south 65 deg. 30 min.; east 955 feet to range line 1,337 feet 8 in.; south 83 1/ 3 deg. east 860 feet 6 in.; north 61 deg. 7 min.; east 524 feet 7 in. to range line, 1,366 feet 6 in.; south 81 deg. 15 min.; east 2,368 feet 6 in. to range line 4,383 feet 2 in.; south 61 deg. 53 min.; east 1 1/2 miles and about 2,770 feet 2 in. south 31 deg. 35 min.; east 1 1/2 miles and 2,163 feet to line of Jeanne La Salles, and thence to a point in the middle of the Mississippi River on a projection of the said line, and thence along the middle of the Mississippi River to the point of commencement, and any additional area hereafter included in the Parish of Orleans, and legally incorporated by ordinance of the Council into the City of New Orleans.

Chapter 1. Powers

Chapter 2. Bill of Rights

Section 2-101. Powers.

(1) The City shall retain, to the same extent as if herein repeated, all rights, powers, privileges and authority that it has or could claim under the law of this State at the time of the adoption hereof, except as herein expressly modified.

(2) In addition to the foregoing, the City shall have all rights, powers, privileges and authority herein conferred or herein enlarged, and all rights, powers, privileges and authority whether expressed or implied that may hereafter be granted to a similar corporation by any general law of the State, or that may be necessary or useful to enjoy a home rule charter.

(3) The rights, powers, privileges and authority heretofore enjoyed, herein retained or herein claimed shall subsist, notwithstanding the repeal of any law, until any such right, power, privilege or authority be altered or taken away by amendment to this Charter in the manner provided for by the Constitution or as herein provided.

(4) The City, in addition to the rights, powers, privileges and authority expressly conferred upon it by this Charter, shall have the right, power, privilege and authority to adopt and enforce local police, sanitary and similar regulations, and to do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the legitimate exercise of its corporate powers and municipal functions.

(5) No enumeration of any right, power, privilege or authority hereinafter made, and no repeal of any law under which the City derives any right, power, privilege or authority, shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth.

(6) The rights, powers, privileges and authority of the City of New Orleans under this Charter shall be construed liberally in order to establish the broadest measure of local self-government in any and all matters not prohibited or reserved to the state by the Louisiana Constitution.

Section 2-202. Bill of Rights

Section 2-201. Preamble to the Bill of Rights.

This Bill of Rights is aspirational in nature. It incorporates guiding principles from the United States Constitution as well as the Louisiana Constitution. It reflects the beliefs, convictions and goals of the citizens of New Orleans.

Section 2-202. Bill of Rights.

(1) All persons are born free and equal in dignity and rights. They are endowed with reason and conscience and should act toward one another with respect.

(2) All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and to provide for the general welfare of the people.

(3) The people have the right to a government responsive to their will and the right to take part in the government of the City, either directly or through freely chosen representatives.

(4) The people have the right to lawful and peaceful assembly, to petition the government for redress of grievance, and to equal access to public services.

(5) The people have the right to life, liberty, and security of person, the right to live free from fear or violence, and the right to safe neighborhoods conducive to the enjoyment of liberty.

(6) No law shall deprive any person of any rights, privileges, or immunities secured by the Constitution and laws of the United States or the State of Louisiana, nor shall any law discriminate against any person because of race, color, religion, or national origin. No law shall arbitrarily and capriciously or unreasonably discriminate against a person because of birth, disability, age, sex, sexual orientation, gender identification, culture, language, social origin, or political affiliations.

(7) The people have the right to freedom of opinion and expression. No law shall restrain freedom of speech or freedom of the press.

(8) The people have the right to freedom of thought, conscience, and religion. No law shall be enacted respecting an establishment of religion.

(9) The people have the right to a government of the highest ethical standards, free from corruption, untainted by graft, and conducted in accordance with sound fiscal planning and administration.

10) The natural resources of the City and the healthful, scenic, historic, and aesthetic quality of the municipal environment shall be protected, conserved, and replenished insofar as possible consistent with the health, safety, and welfare of the people.

(11) This Bill of Rights shall not create any enforceable rights, duties, obligations or causes of action under this Charter beyond those guaranteed by the Constitution of the United States or the Constitution of the State of Louisiana.

Section 3-101. Legislative Powers

Section 3-102. Number and Terms of Councilmen Councilmembers

Section 3-103. Councilmanic Districts

Section 3-104. Qualifications of Councilmen Councilmembers

Section 3-105. Election of Councilmen Councilmembers

Section 3-106. Salaries and Removal of Councilmen Councilmembers

Section 3-107. Organization of the Council; Officers; Rules; Employees

Section 3-108. Council Meetings to be Public

Section 3-109. Applicability of Certain General Provisions

Section 3-110. Mayor May Appear before Council

Section 3-111. Legislation by Ordinance

Section 3-112. Introduction, Consideration, and Passage of Ordinances

Section 3-113. Submission of Ordinances to the Mayor

Section 3-114. Codification of Ordinances

Section 3-115. Consideration and Adoption of the Annual Operating Budget

Ordinance

Section 3-116. Budget of Revenues

Section 3-117. The Capital Program and the Capital Budget

Section 3-118. Adoption of Pay Plans

Section 3-119. Creation of General Debt

Section 3-120. Creation of Special Assessment Debt

Section 3-121. Anticipation of Revenues

Section 3-122. Official Journal

Section 3-123. Publication of Ordinances and Official Acts

Section 3-124. Investigations

Section 3-125. Removal of Unclassified Appointees

Section 3-126. Temporary Prohibitions

Section 3-127. Creation of Advisory Committees

Section 4-1602. 3-128. Granting of Franchises

Section 4-1603. 3-129. Terms.

Section 4-1604. 3-130. Establishment of Rates

Section 4-1606. 3-131. Temporary Special Permits

Section 3-101. Legislative Powers.

(1) All legislative powers of the City shall be vested in the Council and exercised by it in the manner and subject to the limitations hereinafter set forth.

(2) The Council shall have the right to levy any and all classes of taxes, excises, licenses, liens and fees necessary for the proper operation and maintenance of the municipality for the payment of debt, and for capital improvements that are not expressly prohibited by the Constitution provided that no specific tax nor or service charge affecting real property or motor vehicles shall be levied unless approved by a majority of the qualified electors voting thereon in an election held for that purpose. A specific tax or service charge affecting real property or motor vehicles is one which is imposed as a fixed sum on each article of a class without regard to its value, provided, however, that the term "service charge affecting real property or motor vehicles" shall not be construed or interpreted to include or mean any charge, (including but not limited to a sanitation charge), fee, license, permit or rate imposed or levied pursuant to the regulatory authority of the City of New Orleans in the operation of the City, its departments, boards, agencies and commissions (whether attached and or unattached) including, but not limited, to, the Sewerage and Water Board.

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 from 3-112 throuth 3-116 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.

Chapter 1. Organization and General Provisions

Chapter 2. The Mayor

Chapter 3. The Administrative Office

Chapter 4. Department of Law

Chapter 5. Department of Police

Chapter 6. Department of Fire

Chapter 7. Department of Safety and Permits

Chapter 8. Department of Sanitation

Chapter 9. Department of Streets Public Works

Chapter 10. Department of Recreation

Chapter 11. Department of Welfare Human Services

Chapter 12. Department of Health

Chapter 13. Department of Finance

Chapter 14. Department of Property Management

Chapter 15. Department of City Civil Service

Chapter 16. Department of Utilities

Chapter 17. Department of Parks and Parkways.

Chapter 18. Board of City Trusts

Chapter 19. Central Business District Historic District Landmarks Commission

Chapter 20. New Orleans Historic District Landmarks Commission

Chapter 21. New Orleans Mosquito Control Board

Section 4-101. Executive Powers

Section 4-102. Organization

Section 4-103. Other Administrative Agencies Prohibited

Section 4-104. Creation of Advisory Committees

Section 4-105. Assignment of Activities

Section 4-106. Appointment and Removal of Department Heads

Section 4-107. Powers and Duties of Officers and Department Heads

Section 4-108. Powers and Duties of Boards and Commissions

Section 4-109. Public Benefit Corporations

Section 4-101. Executive Powers.

All executive and administrative powers of the City shall be vested in and exercised by the Executive Branch.

Section 4-102. Organization.

The Executive Branch shall consist of the Office of Mayor, of which the Mayor shall be the head; the Administrative Office, of which the Chief Administrative Officer shall be the head; the department heads; the unattached boards in Article V of this Charter; and the following departments and boards; all of which are hereby created and established or continued and recognized:

(1) Departments:

Departments

Department of Law

Department of Police

Department of Fire

Department of Safety and Permits

Department of Sanitation

Department of Streets Public Works

Department of Recreation

Department of Welfare Human Services

Department of Health

Department of Finance

Department of Property Management

Department of City Civil Service

Department of Utilities

Department of Parks and Parkways

(2) Boards and Commissions

(a) Departmental

In the Department of City Civil Service:

Civil Service Commission

In the Department of Health:

Board of Health

In the Department of Welfare:

City Board of Welfare

In the Department of Safety and Permits

Board of Electrical Examiners

Board of Mechanical Examiners

Board of Examiners of Operating Engineers

(b) Attached to Departments or Commissions:

To the Department of Safety and Permits

Board of Building Standards and Appeals

Board of Zoning Adjustments

To the City Planning Commission:

Board of Zoning Adjustments

To the Department of Property Management:

Board of Managers of the Isaac Delgado Central Trades School

Delgado Albania Planation Commission

To the Department of Finance:

Board of Trustees of the Municipal Employees' Retirement System

Board of Trustees of the Police Pension Fund

Board of Trustees of the Firemen's Pension and Relief Fund

The foregoing boards shall be attached to but shall not be a part of the departments or commissions, as indicated; and the head of each department shall be an ex-officio member of the boards attached thereto to the extent permitted by law, and except as otherwise provided herein. The responsibilities of the departments with respect to such boards shall be limited to the general oversight of their operations for the purpose of providing information thereon to the Mayor, Chief Administrative Officer and the Council.

(c) Unattached Other

Board of Liquidation, City Debt

Public Belt Railroad Commission

Sewerage and Water Board

Board of City Trusts

City Planning Commission

Public Library Board

New Orleans Aviation Board

Vieux Carre Commission

Parkway and Park Commission

Central Business District Historic District Landmarks Commission

New Orleans Historic District Landmarks Commission

Mosquito Control Board

Section 4-103. Other Administrative Agencies Prohibited.

(1) No department nor board shall be created except as provided in this Charter; but if any constitutional or legislative office or board operating in or with respect to any function of the City be abolished, the Council, in its discretion, shall have the right by ordinance to establish a corresponding office or board, in such manner as the Council may deem proper.

(2) The names, functions, or assignment of functions of departments, officers, boards, and commissions included in this Article may be amended, and such departments, officers, boards, and commissions may be consolidated, subdivided, reorganized, or abolished by amendment in accordance with the provisions of Section 9-201(2), except for the Mayor, the Administrative Office, and the Departments of Law, Police, Fire, Finance, and City Civil Service, which shall be subject to amendment only in accordance with Section 9-201(1).

Section 4-104. Creation of Advisory Committees.

The Mayor, department heads with the approval of the Mayor, and boards may each 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 appointing authority. Advisory committees shall have no employees, but the appointing authority may cause its employees to furnish such services as may be needed by said committees.

Section 4-105. Assignment of Activities.

(1) All duties, functions or activities of the City not assigned herein or otherwise assigned by applicable State state or municipal law may be assigned or reassigned by the Mayor to appropriate offices, or to existing departments and boards.

(2) Any office or unit established after the effective date of this Charter shall be placed in one of the offices, departments or boards created or recognized by this Charter.

Section 4-106. Appointment and Removal of Department Heads.

(1) The City Attorney shall be appointed and may be removed by the Mayor.

(2) All other department heads shall be appointed and may be removed by the Chief Administrative Officer with the approval of the Mayor, except where other appointing authority is designated by this Charter or by applicable State law.

(3) No appointing authority shall appoint any person in the unclassified service until satisfied by proper investigation that the person to be appointed is of good moral character and is fully qualified by experience or ability properly to perform the duties and execute the functions assigned to his the position.

Section 4-107. Powers and Duties of Officers and Department Heads.

(1) Subject to the provisions of applicable civil service law, rules and regulations, officers and department heads shall have the power and duty to appoint, promote, supervise, discipline, and remove all officers and employees in their respective offices or departments; to determine their compensation subject to the approved pay plans and budgetary limitations; and to assign duties to employees and supervise the performance thereof.

(2) Each officer or department head shall, subject to the approval of his an immediate superior, prescribe such rules as are necessary for the organization and internal government of the his office or department.

(3)(a) The Mayor, or each officer or department head with the consent of the Mayor, shall submit to the Council for its approval such reasonable any regulations affecting the public and necessary to the performance of the functions assigned to such office or department. No such regulation shall become effective until approved by resolution of the Council or as otherwise provided in paragraph (3)(d) of this section.and inscribed in the Book of Regulations.

(b) Prior to July 1, 1996, the Council shall by ordinance provide for public notice and comment on proposed regulations affecting the public. The ordinance shall provide for an emergency adoption procedure by which regulations may in certain specified circumstances be

made immediately effective, but any regulation so adopted shall not remain in effect for more than 180 days after the date of its adoption. After its adoption, the ordinance governing promulgation of regulations may be amended only by an ordinance approved with a two-thirds vote of the entire membership of the Council.

(c) Prior to submission of any proposed regulation to the Council, the officer or department head shall publish notice of the intention to adopt such regulation once in the official journal. Following its final promulgation, every regulation shall be published once again in the official journal, unless deemed too lengthy for publication by the officer or department head, who shall in such case publish a summary of its contents and notice of its availability to the public.

(d) The City Attorney shall maintain and periodically cause to be published a comprehensive and current compilation of all regulations promulgated in accordance with this process and having legal effect in the City of New Orleans. Regulations shall become effective at 12:01 A.M. on the twenty-second day beginning on the day following approval by the Council. If the Council neither approves nor disapproves any regulations submitted to it within forty-five days of submittal, the regulations shall become legally effective upon the expiration of such forty-five days. Any such regulation may be rescinded or amended either by the same process as when originally submitted or by the Council at any time. All regulations shall be subordinate to the ordinances of the Council. All regulations heretofore adopted by the City of New Orleans are hereby ratified and continued in existence until modified in accordance with the procedure established in this Section.

Section 4-108. Powers and Duties of Boards and Commissions.

All boards shall have the same powers and duties with respect to their functions as those prescribed in this chapter for officers and department heads, unless otherwise provided by this Charter or applicable state or municipal State law. They may delegate such powers and duties to their executive officers, provided that all matters of personal action involving appointment, discipline, removal or pay shall become null unless approved by the board within sixty days.

Section 4-109. Public Benefit Corporations.

(1) If authorized by the Mayor and approved by the Council by ordinance, the City may establish public benefit corporations, development corporations, public trusts, and other entities authorized by state law for public purposes, including development, management, and promotion of assets of the City, subject to such budgetary, personnel or other requirements as may be established by ordinance.

(2) Public benefit corporations, development corporations, public trusts, and other entities authorized by state law and established prior to January 1, 1996, the effective date of this amendment to this Charter, are hereby recognized. Such entities may be continued, modified or abolished in accordance with the terms of applicable enabling statutes, ordinances, articles of incorporation, by-laws, or trust indentures in effect prior to January 1, 1996 or as thereafter revised.

Section 4-201. Election and Term

Section 4-202. Qualifications

Section 4-203. Compensation

Section 4-204. Vacancy in Office

Section 4-205. Suspension and Removal

Section 4-206. Powers and Duties

Section 4-207. Office

Section 4-208. The Chief Administrative Officer

Section 4-201. Election and Term.

The electors of the City shall elect a Mayor on the first Tuesday following the first Monday in April, 1954, and in every fourth year thereafter at an election to be held every four years in accordance with the election laws of the state. He The Mayor shall take office on the first Monday in May of l998 and every four years thereafter, provided that 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 Mayor shall take office beginning in the year 2006 on the third Monday in January. The election shall be conducted in accordance with the general election laws of the State. No A person who shall have been elected for two full consecutive terms as Mayor under this Charter shall be eligible to succeed himself has served as Mayor for more than one and one-half terms in two consecutive terms shall not be eligible for election as Mayor for the succeeding term.

Section 4-202. Qualifications.

The Mayor shall be a citizen of the United States by birth and a qualified elector of the City, and shall have been a resident of domiciled in the City for at least five years immediately preceding his the election.

Section 4-203. Compensation.

The salary and other compensation of the Mayor shall be $17,500 per annum unless increased provided by ordinance. No change in the salary and other compensation made during the last six months of any term shall be valid as to the Mayor elected for the succeeding term.

by the Council. The Council shall provide in the annual operating budget a contingent fund of no less than $5000 to be expended by the Mayor for such public purposes as he the Mayor may deem proper.

Section 4-204. Vacancy in Office.

(1) A vacancy in the office of Mayor caused by death, resignation, removal, suspension or disqualification to hold office shall be filled as follows:

(a) If the unexpired term is for less than one year, the district councilmen councilmembers shall, by majority vote, elect one of the two councilmen councilmembers-at-large to be Mayor for the unexpired term; , and a vacancy shall thereupon exist in the office of councilman councilmember-at-large.

(b) 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 the vacancy occurs and to be held within sixty days after the occurrence of the vacancy at the earliest available date permitted under the election laws of the state, at which time the electors of the City shall elect a citizen with the requisite qualifications to fill the vacancy for the remainder of the 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 the occurrence of the vacancy, then the election shall be held in conjunction with such other election.

(c) Pending the election of a Mayor when the length of the unexpired term is one year or more, the district councilmen councilmembers shall, by majority vote, appoint one of the two councilmen councilmembers -at-large to be acting Mayor during the period from the occurrence of the vacancy until a Mayor is elected and assumes his office.

(2) In the absence or disability of the Mayor, his the office shall be filled by an acting Mayor who shall be appointed by the Mayor from the two councilmen-councilmembers-at-large. If within ten days the Mayor should fail to so appoint an acting Mayor, the district councilmen councilmembers shall, by majority vote, appoint one of the councilmen councilmembers-at-large as acting Mayor.

(3) The appointment of a councilman councilmember-at-large as acting Mayor shall not be deemed to create a vacancy in the office of councilman councilmember-at-large, but while serving as acting Mayor he the councilmember shall not perform his duties as a member of the Council, except in the case of an ordinance requiring a two-thirds vote of the Council or in order to break a tie vote of the Council, in which case the acting Mayor may vote as a councilmember. His only compensation shall be that of a councilman. A councilmember-at-large appointed acting Mayor shall receive compensation only at the level of a councilmember. A councilmember-at-large no longer serving as acting Mayor may vote on a matter addressed when serving as acting Mayor.

Section 4-205. Suspension and Removal.

The Mayor shall be subject to suspension or removal from office in the manner provided by the State Constitution or by recall as provided by law only in the following manner and for the following reasons:

(1)(a) In the event that a Mayor is afflicted with a mental or physical condition that renders the Mayor temporarily or permanently unable to discharge the powers and duties of office, the Chief Administrative Officer, the City Attorney, the Director of the Department of Health or a physician designated by the Director of that Department or its successor, and a physician appointed by the deans of the Louisiana State University Medical School and the Tulane University Medical School shall so certify by unanimous written declaration before a Notary Public and shall promptly deliver their declaration to the Clerk of Council. If the declaration certifies that the Mayor is temporarily incapable of performing the duties of office, the Council shall be required to vote on the matter within seven days from delivery of the declaration; upon rendering an affirmative vote of two-thirds of its entire membership, the Council shall declare the office temporarily vacant due to the incapacity of the incumbent. Thereafter, the district Councilmembers shall forthwith, by majority vote, appoint one of the Councilmembers-at large as acting Mayor. If the declaration certifies that the Mayor is permanently incapable of performing the duties of office, the Council shall be required to vote on the matter within seven days from the delivery of the declaration; upon rendering an affirmative vote of two-thirds of its entire membership, the Council shall declare that the seat of the Mayor is vacant due to the incapacity of the incumbent and shall proceed forthwith to fill the vacancy in accordance with the provisions of Section 4-204 of this Charter.

(b) Any Mayor who has been determined to be temporarily or permanently unable to discharge the powers and duties of office shall continue to receive from the city a sum which together with the Mayor's disability benefits and retirement allowance, if any, shall equal the annual salary which such Mayor was receiving at the time of the determination of temporary or permanent incapacity, payable in the same manner as the Mayor was previously compensated until the expiration of the term for which such Mayor had been elected or such Mayor's death, whichever shall occur first. The Mayor shall apply for any retirement allowance or disability benefits to which entitled, and the disability allowance provided for in this section shall not reduce or suspend such retirement allowance or disability benefits, notwithstanding any other provision of law.

(2) In the event that a Mayor pleads guilty or nolo contendere to a federal or state felony charge, the Council shall, by a majority vote of its entire membership, declare that the seat of the Mayor is vacant due to the disqualification of the incumbent for felonious behavior and shall forthwith proceed to fill the vacancy in accordance with the provisions of Section 4-204 of this Charter.

(3)(a) If the Mayor is convicted of a federal or state felony, the Mayor 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 a majority vote of its entire membership, declare that the seat of the Mayor is vacant due to the disqualification of the incumbent for felonious behavior and shall forthwith proceed to fill the vacancy in accordance with the provisions of Section 4-204 of this Charter. During the period of suspension, the Mayor shall not perform any official act, duty, or function nor shall the Mayor receive any compensation, pay, allowance, emolument, or privilege of the office. If the conviction is reversed on appeal, the Mayor 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 Mayor, but for the suspension, would have been paid that portion. Additionally, the Mayor shall have restored all rights, duties, powers, allowances, emoluments, and privileges of office.

(b) During this suspension, the Council shall, by a majority vote of its entire membership, declare that the seat of the Mayor is temporarily vacant due to suspension. Thereafter, the district councilmembers shall, by majority vote, appoint one of the councilmembers-at-large as acting Mayor. Any councilmember-at-large appointed to fill a temporary vacancy under the terms of this section shall serve in the appointed capacity until the conviction of the Mayor is reversed on appeal or until expiration of the term of office of the suspended Mayor, whichever comes first.

(4) In the event that a Mayor is recalled from office in accordance with state or municipal law, the vacancy shall be filled forthwith in accordance with the provisions of Section 4-204 of this Charter.

(5) In the event that the Mayor fails to meet the qualifications for office, the Mayor shall thereby vacate the office and the vacancy shall be filled forthwith in accordance with the provisions of Section 4-204 of this Charter.

Section 4-206. Powers and Duties.

(1) Executive and Administrative Powers. The Mayor shall be the chief executive officer of the City. He The Mayor shall have the power and shall be required to:

(a) Exercise general oversight of the activities of boards and other agencies of City government and coordinate them with other activities of the City.

(b) Exercise directly or through the Chief Administrative Officer supervision over all other executive and administrative work of the City and provide for the coordination of administrative activities.

(c) See that the provisions of this Charter, the ordinances of the City, and all other laws are enforced.

(d) Appoint the Chief Administrative Officer and the City Attorney.

(e) Appoint, with approval of a majority of all members of the Council, members of all boards except as otherwise provided in this Charter or by applicable state or municipal law.

(f) Remove at his pleasure all officers appointed by him without Council confirmation.

(g) (f) Submit annually to the Council for its consideration and approval an operating budget, a capital program and a capital budget.

(h) (g) Recommend to the Council a pay plan for all officers and employees in the unclassified service except those provided for under Section 3-107 of this Charter.

(i) (h) Sign contracts, bonds or other instruments requiring the assent of the City except those which the Director of Finance or other officer is authorized to sign.

(j) (i) See that the terms and conditions of all contracts are faithfully executed.

(2) Powers with Respect to Council. The Mayor may:

(a) Present to the Council messages or information which in his the Mayor's opinion are necessary or expedient.

(b) Attend Council meetings and have a voice in the proceedings.

(c) Call special sessions of the Council.

(d) Veto ordinances.

(3) Other Powers. The Mayor shall have the authority to exercise such other powers and perform such other duties as may be prescribed by this Charter or by state or municipal law, including but not limited to the following: by ordinance or by applicable State law.

(a) Have a voice Participate but no not vote in the proceedings of all boards created by this Charter or other agencies of City government of which he the Mayor is not made an ex officio member.

(b) Remove at pleasure all officers appointed by the Mayor without Council confirmation.

(c) Issue executive orders establishing policies and procedures for the executive branch and see that they are published promptly thereafter.

(d) Subject to such limitations as may be established by ordinance or other applicable law, declare a state of emergency due to acts of God, riot, war, or a grave emergency which threatens widespread loss of life or grievous injury to health or property.

(e) Study, devise, and implement programs to improve housing and neighborhood conditions in the City.

(f) Study, devise, and implement programs to foster economic development in the City.

(g) Provide for cooperation and coordination among criminal justice agencies and officials.

(h) Seek compliance with federal, state, and local environmental and safety laws and regulations, permit requirements, and regulatory orders by all City officers, employees, boards, commissions, contractors, and recipients of municipal funds.

(i) Perform such other duties as are conferred upon the Mayor by the Charter or its enabling legislation and by applicable state or municipal law.

Section 4-207. Office.

The Mayor's office shall be in the City Hall, and he the Mayor shall be custodian of the corporate seal.

Section 4-208. The Chief Administrative Officer.

(1) The position of Chief Administrative Officer shall be in the Office of the Mayor, but the employees of the Administrative Office shall be in the classified service except as provided by applicable civil service law. The Chief Administrative Officer shall be the Mayor's principal assistant and the budget officer of the City and His Salary shall be $21,000.00 per annum unless increased by the Council. He shall be appointed solely on the basis of his ability to perform the duties and functions of his the office. The salary of the Chief Administrative Officer shall be provided for in the pay plan submitted by the Mayor to the Council.

(2) Should the Mayor fail to appoint a Chief Administrative Officer within thirty days of the effective date of this Charter, or within sixty days of the occurrence of any vacancy in the position, the Council shall make the appointment.

Section 4-301. The Administrative Office

Section 4-302. Duties of the Chief Administrative Officer

Section 4-301. The Administrative Office.

The Chief Administrative Officer shall be the head of the Administrative Office and shall be authorized to employ necessary staff.

Section 4-302. Duties of the Chief Administrative Officer.

The Chief Administrative Officer shall:

(1) Supervise the heads of all departments, except the Departments of Law and City Civil Service. The Mayor may from time to time by written notice relieve the Chief Administrative Officer of the responsibility of supervising the heads of one or more departments, except the Departments of Finance and Property Management, for such portions of time as the Mayor the Mayor's term as he may designate. Should the Mayor remove a department head from the supervisory authority of the Chief Administrative Officer, he the Mayor shall immediately assume full responsibility for the supervision of such department head.

(2) Appoint or remove, with the approval of the Mayor, the heads of all departments, except those whose appointment or removal is otherwise provided for by this Charter or applicable State law.

(3) Give general oversight to the Departments of Law, and City Civil Service and the City Planning Commission for the purpose of coordinating their activities with those of other agencies of the City and develop measures to promote cooperation and coordination in the delivery of services and the carrying out of functions and activities by unattached boards and other municipal public bodies with those of other agencies of city government.

(4) Inform himself and keep Keep the Mayor advised concerning the activities and policies of all offices, departments and boards, and may make, or cause to be made, investigations and studies of the internal organization and procedures of any office, department or board, and may require such reports from any of them which he deems as are deemed necessary.

(5) Prescribe accepted standards of administrative practice, to be followed by all offices, departments and boards.

(6) Prepare the annual operating and capital budgets, and supervise the execution of the budget ordinances.

(7) Make information available to the Mayor, the Council, and the public concerning the current status of the financial affairs of the City, and all offices, departments and boards receiving appropriations from the City.

(8) Attend meetings of any board or committee of which the Mayor is a member when requested by the Mayor; provided, that he may, and participate in the discussion and deliberations of such board or committee, but shall not including the authority to introduce any motion or resolution nor or vote thereon. when the Mayor is not also in attendance.

(9) Attend meetings of the Council at its request and make available such information as it may require.

(10) Perform all other duties required of him by this Charter, or assigned to him in writing by the Mayor.

Section 4-401. Functions

Section 4-402. City Attorney and Legal Staff

Section 4-403. Special Counsel

Section 4-404. Notaries

Section 4-405. Service of Legal Processes

Section 4-401. Functions.

The Department of Law, headed by a City Attorney, shall:

(1) Direct and supervise the legal affairs of the City.

(2) Provide legal advice to the Mayor and Council when requested, and when directed by the Mayor to all officers, departments, and boards concerning any matter affecting the interests of the City.

(3) Have charge of all legal matters in which the City has an interest, or to which the City is a party, with power and authority, when directed by the Mayor, or the Council, to institute and prosecute or to intervene in any and all suits or other proceedings, civil or criminal, as may be deemed necessary for the assertion or protection of the rights and interests of the City.

(4) Prepare proposed ordinances when requested by the Mayor or any member of the Council.

(5) Prepare, or approve as to form and legality, all contracts, documents and instruments creating any legal or conventional obligation affecting the City.

(6) Perform all other duties required by this Charter, the Mayor or the Council and not inconsistent with the functions of this Department.

Section 4-402. City Attorney and Legal Staff.

(1) The City Attorney shall be a licensed attorney who is domiciled in and an elector of the City, who has practiced law for at least ten years been admitted to practice law before the Supreme Court of Louisiana for at least five years, and has resided and who shall have actively practiced law in the city Louisiana for at least five years immediately preceding his appointment.

(2) The professional staff of the Department shall consist of senior and junior licensed attorneys who are domiciled in and electors of the City and who have been admitted to practice law before the Supreme Court of Louisiana. who have resided in the City for at least three years immediately preceding their appointment. A senior attorney shall have practiced law in this State for at least five years immediately preceding his appointment. A junior attorney may be any attorney licensed to practice law in this State. The Council shall determine annually the number of attorneys who may be employed on a part time basis. All other attorneys shall be employed on a full time basis.

Section 4-403. Special Counsel.

(1) No special counsel shall be retained to represent the City or any officer, department, or board except the Sewerage and Water Board, the Department of City Civil Service, the Public Belt Railroad Commission, and the Board of Liquidation, City Debt, and except as may herein be otherwise provided.

(2) The Council may, by two-thirds vote of its entire membership, employ special counsel for itself.

(3) The Council may, by two-thirds vote of its entire membership, authorize any officer, department or board to employ special counsel for any special matter presenting a real necessity for such employment, provided any such authorization shall specify the compensation, if any, to be paid for said services.

Section 4-404. Notaries.

(1) The City Attorney shall be responsible for designating one or more Notaries Public, who shall be attorneys licensed to practice law in the State of Louisiana and designate at least one and not more than five Notaries Public none of whom shall be members of the Council nor officers and employees of the City, before whom shall be passed all contracts and other transactions required by the City Attorney or other counsel to be in authentic form. The Department of Law shall establish uniform reasonable processing fees approved by the Council for all Notaries Public performing such services. Said services shall be paid by those transacting business with the City, and these funds shall become part of the general fund of the City when utilizing the services of Notaries Public from among professional staff within the Department of Law. Notaries within the Department of Law shall be utilized to perform such services, except where the City Attorney certifies a special need to exist and the Council, by two-thirds vote of its entire membership, approves the special need to appoint the notary who is not within the Department of Law. Designated notaries within the Department of Law shall receive no compensation for the notarial functions performed under this Section other than that compensation provided by the regularly applicable City pay plan.

(2) All notarial fees for such acts shall be approved as to reasonableness by the City Attorney.

(3) (2) A certified copy of every act or contract to which the City is a party shall be filed with the Department of Law and shall form a part of the archives of said Department.

Section 4-405. Service of Legal Processes.

Legal process against the City shall be served upon the Mayor, the acting Mayor, or the City Attorney.

Section 4-501. Functions

Section 4-502. Emergency and Special Police

Section 4-503. Other Police Prohibited

Section 4-501. Functions.

The Department of Police, headed by a Superintendent of Police, shall:

(1) Organize, administer, supervise and discipline the police force of the City.

(2) Enforce traffic regulations and investigate traffic accidents.

(3) Operate and maintain communication systems either separately or in conjunction with others.

(4) Make all legal searches, seizures, and arrests and exercise all legal authority incident thereto which is now or may hereafter be conferred by law upon police officers, and maintain temporary lockups for the confinement of prisoners, including the House of Detention .

(5) Serve subpoenas when directed by proper authority.

(6) Assist the Department of Safety and Permits all city departments and agencies in the enforcement of the functions assigned to it them.

(7) Enforce the ordinances of the City and all state and municipal laws, and prevent the violation thereof.

(8) Maintain peace; protect life, property, and all other rights and liberties of the people; and do and perform all other lawfully assigned acts.

(9) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

Section 4-502. Emergency and Special Police.

(1) Emergency Police:

(a) In case of riot, general conflagration, flood or similar grave emergency, the Mayor may authorize the Superintendent to appoint emergency police. Such appointments shall be for a period of not more than thirty days and may be extended for like periods only by the express authorization of the Mayor and two-thirds vote of the Council.

(b) Emergency police shall have such powers as may be vested in them by the Superintendent; shall be subject to the rules and regulations governing the regular police force; and shall receive compensation at the regular rates for the grades to which appointed.

(2) Special Police:

(a) The Superintendent may, in the manner prescribed by ordinance and subject to standards set by the Superintendent which he shall have set for in regulations, deputize persons not members of the police force to exercise limited police powers. Such persons,when When exercising such powers with respect to privately owned property or places, a person so deputized shall not be paid from public funds and shall not be entitled to public employee benefits for such services. Regular city employees exercising such powers with respect to public property or places shall be entitled only to the compensation and benefits attached to their regular employment.

(b) The Superintendent shall prescribe the rules and regulations governing the exercise of police power by persons so deputized and may suspend or cancel the deputization in his the superintendent's discretion.

(3) The Superintendent shall not appoint or deputize any person who is not of good moral character to exercise police functions under this section.

Section 4-503. Other Police Prohibited.

No officer, department or board operating in or for the City, other than the Department of Police, shall have a police force.

Section 4-601. Functions

Section 4-602. Police and Emergency Authority

Section 4-601. Functions.

The Department of Fire, headed by a Superintendent of Fire, shall:

(1) Organize, administer, supervise and discipline the fire force of the City.

(2) Extinguish fires and investigate their causes.

(3) Operate and maintain communication systems either separately or in conjunction with others.

(4) Administer and enforce ordinances, regulations, and all state and municipal laws relating to fire prevention and safety of persons.

(5) Respond either separately or in conjunction with others to situations involving hazardous materials and to other emergency situations involving the safety of persons or property.

(5)(6) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

Section 4-602. Police and Emergency Authority.

The Superintendent of Fire or the Superintendent's or his representative shall have the powers of a police officer while going to or attending any fire or alarm of fire. The Superintendent or acting Superintendent, only shall have the authority in an emergency to cause to be demolished any structure when such demolition is in his judgement essential to the extinguishment or control of fire or other emergency situation in the judgment of the Superintendent or Acting Superintendent.

Section 4-702. Functions

Section 4-703. Improvement of Housing Accommodations

Section 4-704. Board of Zoning Adjustments

Section 4-705 3. Board of Building Standards and Appeals.

Section 4-706 4. Examining and Licensing Boards.

Section 4-701. Definition.

As used in this Chapter, "permit" shall mean any license, permit, or other authorization required by law, ordinance or regulation for other than revenue purposes.

Section 4-702. Functions.

The Department of Safety and Permits, headed by a Director of Safety and Permits, shall:

(1) Administer and enforce the zoning and building code ordinances and all state and municipal laws, ordinances and regulations under which permits are required, as to all officers, departments, boards and governmental agencies and to all persons, firms and corporations, public and private, except as may be otherwise provided herein or by applicable state or municipal law.

(2) Issue permits and to that end:

(a) Receive all applications for permits and determine whether the applicant is entitled thereto according to laws, ordinances and regulations under which the permit is required. No permit shall be issued until after certification by the appropriate office, department or board interested or affected, if any.

(b) Issue the permit if the application is approved and the fee paid, or notify the applicant in writing of any refusal and the reasons therefor.

(3) Make or cause inspections, tests or examinations to be made when prerequisite for the issuance of a permit and no certification is required from another office, department or board. When such certification is required, the Chief Administrative Officer shall by rule provide for the making of the necessary inspections, tests or examination.

(4) Revoke, suspend, or cancel any permit which has been violated or which has been issued in violation of the zoning or building code ordinances or other applicable state or municipal law. Any revocation, suspension or cancellation shall be in writing and shall state the reasons therefor.

(5) Provide clerical and other staff assistance required by the boards which are a part of or attached to this Department.

(6) Provide data for the undertaking of studies of housing accommodations in the City in cooperation with the City Planning Commission or any other appropriate agencies.

(7) Make or cause to be made inspections of substandard structures and authorize demolition of property when hazardous to the public health, safety, or welfare.

(6)(8) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

Section 4-703. Improvement of Housing Accommodations.

The Department shall:

(1) Undertake studies of housing accommodations in the City in cooperation with the City Planning Commission or any other appropriate agencies.

(2) Devise and recommend means of improving housing accommodations.

(3) Undertake programs for housing betterment when authorized by the Council.

(4) Enforce ordinances prescribing minimum standards for human habitation, which ordinances may provide for the demolition of property when a hazard to the public welfare.

Section 4-704. Board of Zoning Adjustments.

(1) Composition. There shall be attached to the Department a Board of Zoning Adjustments to consist of five members to be appointed by the Mayor with the approval of the Council, for five year terms, provided that the members of the first board shall be appointed in such manner that the terms of only one member shall expire each year. The Director of this Department shall not be a member of this Board.

(2) Functions. The Board shall:

(a) Hear and determine appeals from applicants who have been refused building permits because of a violation or conflict with the zoning ordinance or the official map of the City.

(b) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance of the City.

(c) Have the power to permit exceptions to or variations from the zoning regulations in classes of cases or situations and in accordance with the principles, conditions and procedures specified in and subject to the limitations imposed by the zoning ordinances of the City.

Section 4-705 3. Board of Building Standards and Appeals.

(1) Composition. There shall be attached to the Department a Board of Building Standards and Appeals to consist of five members who are domiciled in and electors of the City to be appointed by the Mayor with the approval of the Council. The Director of this Department shall not be a member of this Board.

(2) Functions. The Board shall:

(a) Hear and determine appeals on all matters arising under ordinances or regulations pertaining to the design, construction, alteration and demolition of buildings.

(b) Hear and determine appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of building regulations of the City.

Section 4-706 4. Examining and Licensing Boards.

The Board of Electrical Examiners, the Board of Mechanical Examiners and the Board of Examiners of Operating Engineers may be continued in the discretion of the Council, and if continued, shall be a part of this Department. Such boards shall perform such functions assigned to them by ordinance relating to the issuance of permits for electricians, operating engineers, gasfitters and installers of mechanical equipment. These boards shall exercise only those powers germane to the performance of their duties and shall not exercise the general powers of department heads conferred upon other boards.

Section 4-801. Functions

Section 4-802. Coordination with the Department of Health

Section 4-801. Function. Functions.

The Department of Sanitation, headed by a Director of Sanitation, shall:

(1) Collect and dispose Provide for the collection and disposal of garbage and other refuse, either directly or by contract.

(2) Manage and operate all incineration and Provide for the management and operation of disposal facilities, either directly or by contract.

(3) Clean the streets.

(4) Enforce ordinances municipal, state, and federal laws and regulations for the keeping of streets, vacant lots and other places free from weeds and deleterious matter.

(5) Enforce ordinances and state and federal laws and regulations involving solid waste.

(6) Develop and implement integrated waste management plans.

(5) (7) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

Section 4-802. Coordination with the Department of Health.

The department of Sanitation shall cooperate with the Department of Health.

Section 4-902. Improvements by Contract.

Section 4-901. Functions.

The Department of Streets Public Works, headed by a Director of Streets Public Works, shall:

(1) Provide for the design, construction, paving, maintenance, and marking of design, construct, pave, maintain and mark streets, bridges, and related structures and approaches.

(2) Design, install, and maintain the street lighting system, where such is not otherwise provided for by contract.

(3) (2) Supervise, regulate and control installations in, above or under streets.

(4) (3) Establish elevations and control grades of streets.

(5) Survey, when necessary, all property to be acquired or sold by the City.

(6) (4) Collect and compile traffic data as directed by the Mayor or by ordinance; prepare engineering studies with regard to vehicular and pedestrian traffic as directed by the Mayor or by ordinance; conduct engineering analysis of accidents; institute and conduct traffic safety and educational programs; prescribe regulations governing traffic and parking on streets and other public places; and determine the type, need, and location of all traffic control devices and markings and install, design, construct, operate, and maintain them.

(5) Coordinate construction and maintenance projects with other departments, boards, and agencies of government and public utilities.

(6) Coordinate or manage public works projects in the process of construction or acquisition and monitor their present status, the amounts spent or to be spent thereon, and the work required to complete each undertaking with a schedule for such completion.

(7) Keep the Mayor, the Council, the Chief Administrative Officer, and the City Planning Commission informed as to the status of public construction and maintenance projects.

(7) (8) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

Section 4-902. Improvements by Contract.

Any paving estimated to cost more than $5,000 shall be awarded under written contract in conformity with the requirements of this Charter, except when such paving is authorized by the Council to be done by the Department. All paving shall conform to detailed plans, specifications, and estimates approved for each project by the Chief Administrative Officer or the Mayor.

Section 4-1001. Functions

Section 4-1002. Other Recreational Facilities

Section 4-1001. Functions.

The Department of Recreation, headed by a Director of Recreation, shall:

(1) Plan, supervise, and conduct a comprehensive and coordinated program of cultural and physical recreation.

(2) Promote cooperative planning with public and private agencies concerned with recreation.

(3) Manage and operate all recreational facilities except as otherwise provided in this Charter.

(4) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

Section 4-1002. Other Recreational Facilities.

The Department may arrange for the use of recreational facilities and areas in all parks.

Section 4-1101. Composition

Section 4-1102. Functions

Section 4-1101. Composition.

The Department of Welfare Human Services shall be headed by consist of the City Board of Welfare, appointed by the Mayor with the approval of the Council; and a Director of Welfare Human Services, appointed by the Board Chief Administrative Officer to serve at its at the Chief Administrative Officer's pleasure. The number, terms and qualifications of members of the Board shall be prescribed by ordinance.

Section 4-1102. Functions.

The Department of Welfare Human Services shall:

(1) Administer welfare and human services programs of the City.

(2) Supervise and operate the Milne Municipal Boy's Home, the Sophie L. Gumbel Home, the Touro Shakespeare Home, and all other social welfare and human services and correctional institutions of the City, except as may be otherwise be provided herein.

(3) Cooperate with all other welfare and human services organizations and agencies.

(4) Supervise the appropriations to any charitable institution utilized by the City for the care, maintenance and asylum of destitute persons, and supervise contracts made by the City with such institutions.

(5) Perform such other duties as are required by this Charter, provided by applicable state and municipal law, or assigned in writing by the Major.

Section 4-1201. Composition

Section 4-1202. Functions

Section 4-1203. Powers

Section 4-1204. Health Officer

Section 4-1201. Composition.

(1) The Department of Health shall be headed by consist of a Board of Health composed of five persons appointed as provided by applicable State law, and a Director of Health, to be appointed by the Chief Administrative Officer with the approval of the Mayor.

(2) The Director shall have had at least five years experience in the administration of health programs in either the public or private agencies, sector, shall possess a degree in medicine or an advanced degree in nursing or public health, and shall possess such other qualifications as may be required of a health officer by applicable state law. The Council may appoint the Director of Health as one of the members of the Board, and with the consent of the State Board of Health, he shall be the health officer of the City, and the executive officer of the Department of Health.

Section 4-1202. Functions.

The Department of Health, through the Board of Health, and subject to applicable State state and municipal law, shall:

(1) Protect the health of the people of the City.

(2) Enforce the State Sanitary Code.

(3) Adopt and enforce local health and sanitary regulations.

(4) Make such health inspections and examinations as may be required bylaw and, with the approval of the Council, institute and conduct programs of public health.

(5) Investigate the causes and institute measures for the control of epidemic, preventable and communicable disease.

(6) Operate and manage hospitals owned by the City.

(7) Collect and maintain vital statistics, records and other data relating to the health of the community; issue marriage licenses and burial permits; and record and certify births, marriages and deaths.

(8) (6) Operate or provide for emergency medical services.

(7) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

Section 4-1203. Powers.

The powers, duties and functions of the Department shall be as provided by this Charter, by ordinance, and by State law applicable to local Boards of Health. applicable state and municipal law.

Section 4-1204. Health Officer.

The Chief Administrative Officer may appoint a health officer to serve in the Department of Health or in another Department designated by the Chief Administrative Officer. The health officer may be in the unclassified civil service in accordance with applicable state and municipal law, or the services of the health officer may be provided for by contract. The health officer shall possess a degree in medicine or an advanced degree in nursing or public health and shall possess such other qualifications as may be required of a health officer by applicable state and municipal law.

Section 4-1301. Functions

Section 4-1302. Organization

Section 4-1303 2. Disposition of Disputed Claims

Section 4-1304 3. Board of Trustees of the Firemen's Pension and Relief Fund

Section 4-1305 4. Board of Trustees of the Police Pension Fund

Section 4-1306 5. Board of Trustees of the Municipal Employees Retirement System

Section 4-1301. Functions.

(1) The Department of Finance, headed by the Director of Finance, shall:

(a) Collect all taxes, license and permit fees, and other moneys which may be due to or receivable by the City or any of its officers, departments, or boards; provided that where economy of administration or public convenience requires, the Director may by rule authorize the receipt of moneys directly by officers, departments or boards, or may assign employees of the Department to make such collections.

(b) Collect, when directed or authorized by law, all taxes, license and permit fees, and other moneys which may be receivable by the State, or any public office, department or board not subject to the provision of this Charter.

(c) Sell property upon which taxes are not paid within the period prescribed by law.

(d) Prepare tax rolls and bills, including those required by state law.

(e) Issue receipts for moneys collected by the Department.

(f) Maintain the treasury of the City, and deposit the moneys belonging thereto in the depository banks to the credit of the proper funds.

(g) Contract for services to be rendered by independent contractors, and purchase materials, supplies and equipment. The Department shall, from time to time, secure from all officers, departments and boards estimates of their needs for articles of common use and shall, when practicable, consolidate requisitions in order to secure

the benefits of quantity purchases, and to that end, when authorized by the Council, may cooperate with other public agencies when making such purchases.

(h) Acquire immovable property upon the recommendations of the Department of Property Management and dispose of immovable property upon such recommendations when authorized by ordinance.

(i) Dispose of movable property not needed by the City.

(j) Keep accurate and complete accounts of all receipts and disbursements.

(k) Maintain a perpetual inventory of all equipment owned or controlled by the City.

(l) Permit no disbursements to be made except pursuant to authorizations adopted under the terms of this Charter or applicable State law.

(m) Provide information pertaining to financial affairs of the City.

(n) Maintain and supervise any central warehouse authorized by the Council.

(o) Prescribe, maintain and supervise the general and cost accounting systems for all officers, departments and boards.

(p) Prepare all payrolls and pension rolls.

(q) Prepare and issue all checks.Approve all disbursements of funds held by the City.

(r) Prepare the necessary assessment rolls for assessable public improvements, issue appropriate bills, assist in the issuance and servicing of indebtedness in connection therewith, and in the collection, custody and payment of all moneys in connection therewith.

(s) Award all concessions on City property, subject to requirements which may be imposed by ordinance.

(t) (s) Designate, with the approval of Council, subject to any conditions which may be imposed by ordinance, the banks to be used as City Depositories and require them to fulfill all conditions prescribed by law or ordinance. which the City may impose.

(u) (t) Perform all other functions required by this Charter or assigned in writing by the Mayor.

(2) The Director of Finance may require from any officer or employee of the City, or any other person, such sworn information as may be necessary for the proper performance of the functions of the Department.

Section 4-1302. Organization.

The Department shall include a Bureau of Purchasing, a Bureau of Accounting, a Bureau of the Treasury, and such other bureaus and divisions as may be established under this Charter.

Section 4-1303 2. Disposition of Disputed Claims.

(1) The Director of Finance shall execute no settlement of any disputed claim for any tax, license or debt due the city without the approval of the City Attorney and that of the Mayor or the Chief Administrative Officer.

(2) The Director of Finance and the City Attorney, and either the Mayor or the Chief Administrative Officer, shall investigate all disputed claims against the City, and shall make recommendations to the Council for the payment or other disposition thereof.

Section 4-1304 3. Board of Trustees of the Firemen's Pension and Relief Fund.

The Board of Trustees of the Firemen's Pension and Relief Fund shall be attached to this Department.

Section 4-1305 4. Board of Trustees of the Police Pension Fund.

The Board of Trustees of the Police Pension Fund shall be attached to this Department, and the Director of Finance shall be a member of said Board.

Section 4-1306 5. Board of Trustees of the Municipal Employees'Retirement System.

(1) Retirement System and Board of Trustees. The system shall be under the management of a Board of Trustees consisting of the Director of Finance, the Director of Personnel, two persons one person who is domiciled in and an elector of the City elected by the employee members of the System, one person who is domiciled in and an elector of the City elected by the retiree members of the System, and one person who is domiciled in and an elector of the City appointed by the Mayor with the approval of the Council. The terms of the elected and appointed members shall be three years.

(2) Custody and Payment of Funds. The Director of Finance shall be the Treasurer of the Municipal Employees' Retirement Fund and shall administer the Fund subject to the provisions of this Charter, and the direction of the Board of Trustees.

Features of System. The Council may by ordinance, and from time to time, change the Municipal Employees' Retirement System subject to the following limitations:

(a) An annual actuarial evaluation of the System shall be made in accordance with accepted standards for the actuarial valuation of the present and projected assets and liabilities of public employee retirement systems.

(b) The System shall be maintained on a joint contributory basis by the City and the members of the System.

(c) Members of the System who cease to be employees of the City prior to retirement shall have the right to withdraw the contributions which have been made by them, together with interest which shall have been earned by their contributions.

(d) Should any amendment be made to the ordinance establishing the System which will have the effect of increasing the obligations of the City to the Fund, the City shall during the year in which the amendment is made and in each of the five years next ensuing, provide for payments by the City, in addition to its regular contributions, equal to the actuarial estimate of the City's share of the cost of benefits provided by such amendment, including one-twentieth of any accrued liability assumed by the City in such amendment.

(e) Members of the System shall be retired upon attaining their sixty-fifth birthday; provided that in lieu of the mandatory retirement age, the Council may provide a system of annual examinations by the Department of City Civil Service which will determine whether the employee or officer is physically and mentally competent to continue in his position. If the Department of City Civil Service shall certify that the employee or officer is competent to continue to perform his duties, the appointing authority may in his discretion continue him for periods of one year each following each such examination.

(3) The Council may provide by ordinance for a retirement policy based on age or other factors in accordance with applicable law.

Section 4-1401. Functions

Section 4-1402. Board of Managers of the Isaac Delgado Central Trades School

Section 4-1403 2. Delgado Albania Plantation Commission

Section 4-1401. Functions.

The Department of Property Management, headed by the Director of Property Management, shall:

(1) Maintain all buildings owned or operated by the City for a public purpose and perform all custodial functions in connection therewith; provided that where buildings are occupied exclusively by a single officer, department or board, the Director of Property Management, the Chief Administrative Officer or the Mayor may assign to the occupant responsibility for the performance of custodial functions in such buildings.

(2) Manage and have custody of all immovable property in which the City has an interest, including all cemeteries owned by the City except where such management or custody has been otherwise assigned by this Charter, by contract, or by ordinance.

(3) Make recommendations to the Director of Finance concerning the leasing, acquisition or disposition of immovable property.

(4) Assign space to the officers, departments and boards in City buildings.

(5) Authorize the installation of telephones, and operate or authorize the operation of switch board facilities. Award all concessions on City property subject to requirements which may be imposed by ordinance.

(6) Maintain a complete and accurate record of the ownership of all immovable property situated in the City, and of all immovable property of the City wheresoever located. The public records of the department shall include a perpetual index, maintained apart from all other records, listing and briefly describing all corporeal and incorporeal immovable property owned or controlled by the City or agencies of the City, including unattached boards and public benefit corporations. The index shall be designed for ease and efficiency of use by the public.

(7) Administer all cemeteries owned by the City.

(8)(7) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

Section 4-1402. The Board of Managers of the Isaac Delgado Central Trades School.

The Board of Managers of the Isaac Delgado Central Trades School may be continued by ordinance in the discretion of the Council, and if continued, shall be attached to this Department.

Section 4-1403 2. Delgado Albania Plantation Commission.

(1) Composition. There shall be attached to the Department of Property Management the Delgado Albania Plantation Commission. The Commission shall consist of five residents persons domiciled in and electors of the City who shall have had experience in the management and operation of sugar plantations or related activities. The Director of Finance shall be an ex-officio member of the Commission. The Mayor shall appoint the members with the approval of the Council for terms of five years, so arranged that the term of one member shall expire each year.

(2) Functions. The Commission shall:

(a) Provide for the administration, operation and maintenance of the Delgado Albania Plantation.

(b) See that all expenditures authorized for the operation, maintenance and development of the plantation are made in accordance with the provisions of this Charter.

(c) Have authority, with the approval of the Council, to borrow money to produce crops, and mortgage and pledge as security thereof, the crops and chattels of said plantation.

(d) Transmit annually to the Board of City Trusts for the account of the Isaac Delgado Central Trades School Community College or its successor such portion of the income of the plantation as may be fixed by the Council.

(3) Manager. The Commission shall may appoint a manager who shall be its executive officer and who shall serve as its pleasure.

Section 4-1501. Composition

Section 4-1502. Purpose of Department

Section 4-1503. Functions

Section 4-1504. Prohibitions

Section 4-1505. Duration

Section 4-1501. Composition.

The Department of City Civil Service shall consist of a City Civil Service Commission, a Director of Personnel, and an executive staff as provided by applicable State law.

Section 4-1502. Purpose of Department.

The purpose of this Department shall be as provided by applicable State law and to guarantee to all citizens a fair and equal opportunity for public service under the merit system.

Section 4-1503. Functions.

The functions of the Department shall be as provided by applicable State law, and when consistent therewith, the Council and executive officers of the City may impose additional functions upon the Department by ordinance or rule.

Section 4-1504. Prohibitions.

No employee in the classified service nor member of the Commission shall be a member of any national, state, or local committee of a political party, or a candidate for nomination or election to any public office, or shall make any political speech or public political statement as a part of any political campaign for nomination or election of public officers, or shall take any part in the management of affairs of any political party or in any political campaign, except to exercise his right as a citizen to express his opinion privately and to cast his vote. An employee in the classified service may be a member of a factional political club or organization, but shall not be an officer nor a member of a committee thereof. This shall not prohibit any classified employee from serving as a commissioner or official watcher, nor shall it prohibit him from serving out any term to which he has been elected prior to the effective date of this Charter.

(1) Party Membership; Elections. No member of the commission and no officer or employee in the classified service shall participate or engage in political activity; be a candidate for nomination or election to public office, except by seeking nomination as the classified city employee serving on the commission; be a member of any national, state, or local committee of a political party or faction; make or solicit contributions for any political party, faction, or candidate; or take active part in the management of the affairs of a political party, faction, candidate, or any political campaign, except to exercise the right as a citizen to express an opinion privately, to serve as a commissioner or official watcher at the polls, and to vote as desired.

(2) Contributions. No person knowingly shall solicit contributions for political purposes from any classified employee or official or use or attempt to use a position in the city service to punish or coerce the political action of a classified employee.

(3) Political Activity Defined. As used in this Article, "political activity" means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. The support of or opposition to issues involving bonded indebtedness, tax referenda, or constitutional amendments shall not be prohibited.

Section 4-1505. Duration.

Should the State cease to provide for a system of personnel administration applicable to the City, the provisions of Article VIII of this Charter shall immediately become operative.

Section 4-1601. Functions

Section 4-1602. Granting of Franchises

Section 4-1603. Terms

Section 4-1604. Establishment of Rates

Section 4-1605 2. Inspections and Reports

Section 4-1606. Temporary Permits

Section 4-1601. Functions.

(1) The Department of Utilities, headed by a Director of Utilities, shall:

(a) Recommend terms to be incorporated in any franchise, permit, or privilege to be granted by the City.

(b) Recommend rates, and revisions thereof, to be charged by any public utility subject to regulation by the City

(c) Supervise and investigate, within lawful limits, the public utilities operating in the City for compliance with franchise or other privileges, rate orders, and any matter concerning the interests of the City or its residents with respect to the operations of public utilities.

(d) Recommend to the Mayor that legal proceedings be instituted to secure compliance with any franchise granted by the Council and with the provisions of law relating thereto.

(e) Make public reports, and recommendations to the Mayor, or any matter concerning the interests of the City with respect to the operations of public utilities.

(f) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

(g) Recommend terms to be incorporated in contracts for supplying utility services for City buildings or facilities and for supplying street lighting services to the City and to shall supervise performance under such contracts.

Section 4-1602. 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 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 and it shall render to the Council a written report containing recommendations thereon.

(2) Each such proposed franchise, 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 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 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 franchise 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. 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. Establishment of Rates.

The Council of the City of New Orleans shall have all powers of supervision, regulation, and control over any street railroad, electric, gas, heat, power, waterworks, and other public utility 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, 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 or participation in

judicial, administrative or other proceedings which directly or indirectly affect the ratepayers of the City of New Orleans, including the cost , 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 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 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, 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 4-1605 2. Inspections and Reports.

The Department may, at any reasonable time, inspect the books, papers, records, documents, materials, facilities, and plants, wherever located, of any public utility which is subject to the supervision, regulation, and control of the Council, and may require such written reports from such utility as it deems necessary and appropriate in the discharge of its duties and responsibilities as set forth in this Chapter and otherwise provided by law and all costs and expenses in connection therewith shall be borne by the public utility required to furnish or produce same.

Section 4-1606. Temporary 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.

EDITORIAL NOTE: This chapter is derived from Section 5-902 of the 1954 Charter relative to the functions of the Parkway and Park Commission.

Section 5-902 4-1701. Functions

Section 5-902 4-1701. Functions.

The Department of Parks and Parkways, headed by a Director, shall:

(1) Administer, control and manage all parks, except as otherwise provided by applicable state or municipal laws.

(2) Cultivate, place, maintain and remove trees, shrubs, flowers, grass and other plants on public grounds.

(3) Embellish parks, parkways, highways and other public grounds.

(4) Designate the portions of parks and other areas under its control for the activities under the direction of the Department of Recreation.

Section 5-401 4-1801. Composition

Section 5-402 4-1802. Powers

Section 5-403 4-1803. Limitations

Section 5-404 4-1804. Standard of Performance

Section 5-405 4-1805. Lease and Sale of Property

Section 5-406 4-1806. Preservation of Existing Trusts

Section 5-401 4-1801. Composition.

The Board of City Trusts shall consist of the Mayor, the President of the Council, the Director of Finance who shall be its Treasurer, and eight electors of who shall be domiciled in the City appointed by the Mayor with the approval of the Council for terms of eight years, so arranged that the terms of one member shall expire each year. The eight members shall be appointed two each from the professions of investment banking, law, and accounting and two at large.

Section 5-402 4-1802. Powers.

The Board shall:

(1) Safeguard and administer Administer the investment of and safeguard all money and other movable property and administer all revenue producing immovable property:

(a) Held by the City as trustee or otherwise for public or charitable purposes.

(b) Held by the City for the perpetual care of plots in City owned cemeteries.

(2) Maintain from the revenues thereof the immovable property under its jurisdiction, through prudent expenditure of the revenues thereof or, with the approval of the Council, through other means.

(3) Adopt as a regulation an investment list not more liberal than the legal list that fulfills the standards of prudence then applicable to private trusts.

(4) Recommend to the Council Mayor and the Council the acceptance or rejection of any trust or conditional donation offered to the City. The Mayor may agree to follow such recommendations only upon the affirmative vote of a majority of the members of the Council. The Council Mayor may not ignore decline to follow such recommendations, except only upon the affirmative vote of two-thirds of the its members of the Council. The Council may not ignore such recommendations, except upon the affirmative vote of two-thirds of its members. Such recommendations shall not be required for the acceptance of donations of movable property if the only conditions are that the movable be used or consumed for a designated purpose or by a designated agency.

(5) Supervise the maintenance by the Director of Finance of appropriate separate accounts for each trust fund and each trust proceeds fund.

(6) Authorize withdrawals from trust funds and trust proceeds funds only upon certification in writing made by the officer, department or board entitled thereto of the purpose of such withdrawal and that it is to be used in accordance with the terms and conditions specified in the trust or conditional donation. If the Board and the beneficiary disagree, the Mayor shall procure a written opinion from the City Attorney which shall be binding upon both the Board and the beneficiary.

(7) Advise the Mayor and Council on all matters relevant to the execution, disposition or modification of trusts and conditional donations.

(8) Review periodically all trusts and conditional donations existing at the effective date of this Charter and recommend to the Council the advisability of abandoning any or all of them.

Section 5-403 4-1803. Limitations.

The City shall not:

(1) Accept any conditional donation which is contrary to the constitution, the statutes, this Charter, municipal ordinances or the regulations adopted by the Board.

(2) Continue to operate a going business as a permanent investment donated to the City for public purposes or in trust, unless expressly required to do so by the terms of the donation.

(3) Make or hold investments not included in the Board's investment list, except property of the original trust or donation, or required thereby to be acquired.

(4) Modify any trust except upon approval of the Council and, when necessary, a court of proper jurisdiction.

Section 5-404 4-1804. Standard of Performance.

The members of the Board shall be held to the standards of a prudent administrator.

Section 5-405 4-1805. Lease and Sale of Property.

Immovable property under the jurisdiction of the Board shall be leased or sold only in accordance with the provisions of this Charter.

Section 5-406 4-1806. Preservation of Existing Trusts.

If any trusts or conditional donations existing at the effective date of this Charter would by their terms revert to the settler, donor, or other persons as a result of any provisions of this Charter, then such provisions shall be suspended as to such trusts and donations.

Section 4-1901. Composition

Section 4-1902. Functions

Section 4-1901. Composition.

The Commission shall consist of eleven electors who are domiciled in the City, appointed by the Mayor subject to the approval of the Council for terms of four years organized on a staggered basis, or may be organized as otherwise provided by ordinance of the Council.

Section 4-1902. Functions.

The Commission shall:

(1) Promote Central Business District historic districts and landmarks for the educational, cultural, economic, and general welfare of the public, especially the residents of New Orleans.

(2) Assist in preserving, protecting, and regulating buildings, sites, monuments, structures, and districts of historic interest or importance within the Central Business District of New Orleans.

(3) Assist in preserving and enhancing the environmental quality of the Central Business District.

(4) Establish and improve property values through support of preservation activities.

(5) Foster economic development and encourage balanced growth.

Section 4-2001. Composition

Section 4-2002. Functions

Section 4-2001. Composition.

The New Orleans Historic District Landmarks Commission shall consist of nine to fifteen electors who are domiciled in the City, appointed by the Mayor subject to the approval of the Council for terms of four years so arranged that the term of two to four members shall expire each year, or may be organized as otherwise provided by ordinance of the Council. For each historic district created by ordinance of the Council, at least one member of the Commission shall be appointed who is a resident or who owns property in the district.

Section 4-2002. Functions.

The Commission shall:

(1) Promote historic districts and landmarks for the educational, cultural, economic, and general welfare of the public:

(2) Assist in preserving, protecting, and regulating buildings, sites, monuments, structures, and districts of historic interest or importance within the City.

(3) Assist in preserving and enhancing the environmental quality of neighborhoods.

(4) Establish and improve property values through support of preservation activities.

(5) Foster economic development and manage growth.

Section 5-1101 4-2101. Composition.

Section 5-1102 4-2102. Functions.

Section 5-1101 4-2101. Composition.

The New Orleans Mosquito Control Board shall consist of one Councilman councilmember selected by the Council, the Mayor or a his representative designated by the Mayor, the Director of the Department of Health, the Superintendent of the Parkway and Parks Commission Director of the Department of Parks and Parkways and six other members electors domiciled in the City, who shall be appointed by the Mayor with the approval of the City Council and who shall serve six year terms, provided that the terms of the first members shall be so arranged that the term of one member shall expire each year. There shall be at all times not less than one qualified entomologist on the Board.

Section 5-1102 4-2102. Functions.

The Board shall:

(1) Administer and evaluate mosquito control activities.

(2) Monitor the populations of disease and virus transmitting mosquitoes and consult with appropriate authorities.

Chapter 1. Board of Liquidation, City Debt

Chapter 2. Public Belt Railroad Commission

Chapter 3. Sewerage and Water Board

Chapter 4. Board of City Trusts

Chapter 5. 4. City Planning Commission

Chapter 6 5. Public Library Board

Chapter 7 6. New Orleans Aviation Board

Chapter 8 7. Vieux Carre Commission

Chapter 9. Parkway and Park Commission

Chapter 8. Audubon Commission

Chapter 9. New Orleans Alcoholic Beverage Control Board

Section 5-101. Composition

Section 5-102. Functions

Section 5-101. Composition.

(1) The Board of Liquidation, City Debt, shall be composed of six members and of three ex- officio members, is not affected by this Charter, except that the ex-officio members who shall be the Mayor and the two councilmen councilmembers-at-large.

(2) Effective on January 1, 1996, the terms of the six citizens serving on the Board shall change from terms for life to fixed terms. The members shall conduct a drawing to determine who shall serve for terms of two, four, six, eight, ten, and twelve years. Upon the expiration of a term, a Board member who is domiciled in and an elector of the City shall be appointed by the Mayor with the approval of the Council from a list of three names submitted jointly by a committee consisting of the President of the Board of Liquidation, who shall chair the committee, and the Presidents or Chancellors of Dillard University, Loyola University, Southern University of New Orleans, Tulane University, the University of New Orleans, and Xavier University. Members so appointed shall serve for terms of twelve years. Any vacancy on the Board shall be filled in accordance with the provisions of Section 9-105 of this Charter.

Section 5-102. Functions.

The powers duties and functions of the Board of Liquidation, City Debt, are provided by law and are not affected by this Charter. Except as otherwise provided in this Charter, the Board of Liquidation, City Debt shall continue to exercise and have the powers, duties, and functions which it exercised on the effective date of this Charter. It shall have the power to issue bonds in any manner permitted by state or municipal law and this Charter and to manage its affairs, under this Charter on behalf of the City of New Orleans, in accordance with the provisions of applicable state or municipal law.

Section 5-202. Functions

Section 5-201. Composition.

The Public Belt Railroad Commission shall be composed of the Mayor, who shall be ex-officio president, and sixteen citizen taxpayers who are domiciled in and electors of the City of New Orleans as provided by law.

Section 5-202. Functions.

The Commission shall have such powers, duties and functions as are provided by law.

Section 5-301. Organization

Section 5-302. Functions

Section 5-301. Organization.

The Sewerage and Water Board in existence at the adoption of this Charter shall be continued. The Board shall be composed of the Mayor, the two at large members of the Council, one of the district councilmen councilmembers selected by the Council, and two members of the Board of Liquidation, City Debt, and seven citizens who are domiciled in and electors of the City appointed as provided by applicable state and municipal law.

Section 5-302. Functions.

The powers, duties and functions of the Sewerage and Water Board are provided by applicable state and municipal law. The Board shall coordinate its repair, maintenance, and construction projects with City agencies, including the City Planning Commission and the Departments of Public Works and Parks and Parkways, in order to minimize disruption of the City's streets, sidewalks, and other public spaces.

If any trusts or conditional donations existing at the effective date of this Charter would by their terms revert to the settler, donor, or other persons as a result of any provisions of this Charter, then such provisions shall be suspended as to such trust and donations.

Section 5-501 401. Creation and Composition

Section 5-502 402. Functions

Section 5-503 403. Director and Staff

Section 5-504 404. Master Plan and Subdivision Regulations

Section 5-505 405. Planned Street Lines and the Official Map

Section 5-506 406. Zoning Ordinance

Section 5-507 407. Public Notice and Public Hearings

Section 5-508 408. Approval of the Commission

Section 4-704 5-409. Board of Zoning Adjustments

Section 5-410. Other Functions

Section 5-501 401. Creation and Composition.

The City Planning Commission shall consist of nine members who are electors of and domiciled in the City, appointed by the Mayor with the approval of the Council for terms of nine years. The members of the City Planning and Zoning Commission serving at the effective date of this Charter shall become members of the City Planning Commission and shall complete the terms for which they were appointed as members of the City Planning and Zoning Commission. staggered so that the term of one member shall expire each year.

Section 5-502 402. Functions.

The City Planning Commission shall:

(1) Prepare, adopt, amend and modify a long term Master Plan for the physical development of the City, which shall consist of a statement of development goals, objectives, and policies and which shall show the general location, extent, and character of streets, bridges, waterways, and other public ways; parks, and open spaces; public buildings, and structures; public utilities, and terminals, whether public or privately owned; public housing, slum clearance, and redevelopment projects and areas; and any other physical public facility, with due regard to the aesthetic characteristics of all public structures.

(2) Prepare, adopt, amend and modify regulations governing the subdivision of land, including platting and replatting, which regulations shall provide for the proper arrangement of streets and public utilities; open spaces for light, air and recreational areas; space for vehicular

parking; the sizes and shapes of lots in order to avoid congestions of population and to provide for the amenities of human habitation; and the manner and extent to which streets shall be paved and public utilities installed in such subdivisions, consistent with the provisions of this Charter.

(3) Prepare and recommend to the Council:

(a) Plats, together with revisions and amendments thereof, showing the exact location of lines of recommended new, extended, widened, or narrowed streets, and the estimated time within which the land needed for future street development as shown on the plat.

(b) The Official Map of the City and amendments thereto, upon which shall be shown all existing and established streets, recommended street lines, all streets or street lines located on final or recorded plats of subdivisions, and the location of existing or planned parks and other open spaces. Street locations on final or recorded plats of subdivisions shall constitute amendments to the Official Map and shall be placed thereon.

(c) A zoning plan ordinance and revisions and amendments thereof for the purpose of promoting the public health, safety, morals, aesthetics, and general welfare of the City, which plan ordinance may contain regulations with respect to the location, height, bulk, size of buildings and other structures; the size of yards, courts, and other open spaces; the density of population; and the use of buildings, structures and land for trade, industry, business, residence, or other purposes.

(d) Plans for the clearance of slum areas, public housing developments, and the rehabilitation or redevelopment of blighted areas.

(e) Plans for the replanning, improvement, and reconstruction of neighborhood and community centers and of areas or districts destroyed or seriously damaged by fire, earthquake, flood or other disaster.

(f) Such other studies as may be requested or directed by the Council.

(4) Prepare the capital program and assist the Director of Finance Chief Administrative Officer in the preparation of the capital budget.

(5) Prepare such studies as may be requested by the Mayor.

Section 5-503 403. Director and Staff.

The City Planning Commission may appoint a Director who shall serve at its pleasure. The Director shall be the executive officer of the Commission and shall be responsible for the supervision of the staff. The Commission may, subject to the provisions of this Charter, appoint such employees as it may deem necessary and may contract with planning experts, engineers, architects and other consultants for such services as it may require.

Section 5-504 404. Master Plan and Subdivision Regulations.

(1) Adoption. The Commission shall adopt and may modify or extend the Master Plan at any time. The Master Plan shall consist of statements regarding development goals, objectives, and policies and shall include a diagram and a text setting forth principles, standards, and proposals. The entire area of the City shall be addressed within the Plan, as well as those land areas outside of the Parish of Orleans under the control or ownership of the City. Adoption, modification or extension may be by single resolution or by successive resolutions relating to parts of the Master Plan corresponding to major geographical sections or functional divisions of the subject matter. Following the adoption of that part of the Master Plan relating to the Major Street Plan, the Commission shall by resolution adopt and may so modify or extend regulations governing the subdivision of land.

(2) Publication and Filing. Upon adoption, certified copies of such the plans and regulations, and the resolutions by which they were adopted shall be filed with the Clerk of Council, and with such offices as may be required by applicable Sstate or municipal law. Regulations governing the subdivision of land shall be published once after adoption in the official journal.

(3) Legal Effect of Master Plan. After the adopted Master Plan, or part thereof, shall have been so filed and published, no public project or facility and no public utility, whether publicly or privately owned, shall be authorized or constructed except in conformity to with the adopted Plan. Proposals for the authorization or construction of such projects, facilities or public utilities shall be submitted to the Commission for its approval for conformity to with the adopted Plan as to location, character and extent. No final action with respect thereto shall be taken by the Council, by any other governing authority, by any officer, department or board, or by any person concerned therewith, except in conformity to with the approval of the Commission certifying that the proposed action is in conformity to with the adopted Master Plan.

(4) Mandatory Review. At least once every ten years, the Commission shall review the Master Plan and shall determine, after one or more public hearings, whether the Plan requires amendment. If any amendment of the Plan is required, the Commission shall modify the Plan in accordance with the procedures of this Section.

(4) (5) Legal Effect of Subdivision Regulations. All proposed subdivisions of land to be made after the adoption of the regulations governing subdivision of land shall be submitted to the Commission for its approval for conformity to with the subdivision regulations, and no such proposed subdivision shall be made or recorded unless approved by the Commission. Approval of a plat of a subdivision shall not be deemed to constitute or effect an acceptance by the City of any street or other open space shown on the plat.

Section 5-505 405. Planned Street Lines and the Official Map.

(1) Adoption. The Council, upon the recommendation of the Commission, may by ordinance adopt:

(a) Plats showing the exact location of planned or mapped lines of street widenings and extensions or of future streets.

(b) An Official Map showing all public streets then existing and established by law; all planned streets or street lines previously adopted under this Section; all streets or street lines as located on final or recorded plats of subdivisions as previously approved by the Commission; and all existing or planned parks and other public open spaces.

(2) Notice to Owner of Record. No plat showing the location of a planned or mapped street shall be adopted before Notice shall have been sent by registered mail to the owners of record of the land on or abutting the future street lines designated upon the plat.

(3) Legal Effect.

(a) Upon the adoption of any plat showing the location of a planned or mapped street, the owners of the property within the lines of such planned or mapped street shall for the period specified in the ordinance be prohibited from erecting any structure within such lines. The owner of any property so affected shall be entitled to appeal to the Board of Zoning Adjustments under the same procedure described for appeals in zoning cases.

(b) After the adoption of the Official Map or any plat showing the lines of planned or mapped streets, no change in any street shall be made by the Council until such proposed change shall have been submitted to the Commission for its approval or disapproval for conformity to with the Official Map. Pending the adoption of the Official Map, the Council shall not vacate, narrow, or extend any existing street without having secured the approval of the Commission thereon.

(c) The adoption of any plat showing the location of a planned or mapped street or the placing of any street or street line on the Official Map shall not, in and of itself, constitute or be deemed to constitute the opening or establishment of any street nor the taking or acceptance of any land for street purposes.

(4) Amendment of Official Map. New streets and street locations on recorded plats of subdivisions as approved by the Commission or on plats adopted by the Council shall be forthwith placed upon the Official Map as additions or modifications thereto, when the Council accepts the dedication of the streets and street locations shown thereon. Other amendments to the Official Map may be made by the Council at any time after having secured the advice of the Commission.

Section 5-506 406. Zoning Ordinance.

(1) Except when adopted pursuant to a zoning plan proposed and recommended by the Commission, the Council shall refer all proposed zoning ordinances and amendments to the Commission for its recommendations.

(2) Mandatory Review. At least once every ten years, immediately following the review of the Master Plan, the Commission shall review the Comprehensive Zoning Law and shall determine, after one or more public hearings, whether the law requires revision and amendment.

(3) The City shall make adequate appropriations to the Commission to implement the mandate of this section.

Section 5-507 407. Public Notice and Public Hearing.

Prior to making recommendations on any zoning ordinance or amendment thereto;, prior to adopting regulations governing the subdivision of land;, and prior to adopting the Master Plan or part thereof;, the Commission shall hold a public hearing thereon at which interested persons shall be afforded a reasonable opportunity to be heard. Notice of the time and place of the hearing shall be published at least three times in the official journal.

Section 5-508 408. Approval of the Commission.

(1) When under this Charter the approval of the Commission is required of any proposal, the approval shall be by the affirmative vote of a majority of the all members of the Commission. Should the Commission fail to act within sixty days of the submission of the proposal to the Secretary Director of the Commission, its approval shall be presumed unless the person, governing authority, officer, department, board or commission submitting the proposal shall agree to a longer period of time for consideration by the Commission. Provided that iIn the case of amendments to the zoning ordinance, the Commission shall report its findings within a reasonable period of time, to be fixed by ordinance, without a presumptive approval being granted.

(2) Should the Commission disapprove any proposal involving the expenditure of public moneys, such disapproval may be overruled by an affirmative vote of two-thirds of the membership of the affected governing authority paying the preponderance of the cost involved. Any disapproval of a proposal for a public housing project and any approval or disapproval of any proposal not involving the expenditures of public moneys may be overruled by the affirmative vote of two-thirds of the all members of the Council.

Section 4-704 5-409. Board of Zoning Adjustments.

EDITORIAL NOTE: The following section is derived from Section 4-704 of the 1954 City Charter.

(1) Composition. There shall be attached to the Commission a Board of Zoning Adjustments to consist of seven members who shall be domiciled in and electors of the City, appointed by the Mayor with the approval of the Council for five-year terms, staggered so that the term of one or two members shall expire each year. Neither the Director nor any member of the Commission shall be a member of the Board. The Mayor may, by Executive Order approved by the Council in accordance with the procedures established in Section 9-201 (2) of this Charter, reassign or attach the functions of the Board to another department or board within the Executive Branch.

(2) Functions. The Board shall:

(a) Hear and determine appeals from applicants who have been refused building permits because of a violation or conflict with the zoning ordinance or the official map of the City.

(b) Hear and decide appeals where error is alleged in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance of the City.

(c) Have the power to permit exceptions to or variations from the zoning regulations in classes of cases or situations and in accordance with the principles, conditions, and procedures specified in and subject to the limitations imposed by the zoning ordinances of the City.

Section 5-410. Other Functions.

Functions not specifically assigned to the Commission by this chapter may be assigned to the Commission or reassigned by an Executive Order of the Mayor approved by the Council in accordance with the procedures established in Section 9-201 (2) of this Charter.

Section 5-601 501. Composition

Section 5-602 502. Functions

Section 5-603 503. Librarian

Section 5-601 501. Composition.

The Public Library Board shall consist of nine members to electors who are domiciled in the City and who shall be appointed by the Mayor with the approval of the Council for terms of nine years, so arranged that the term of one member shall expire each year.

Section 5-602 502. Functions.

The Board shall:

(1) Control and provide for the administration of the libraries, reading rooms, bookmobiles and related facilities.

(2) Purchase directly or through the Bureau of Purchasing, Department of Finance books, pamphlets, films, maps, recordings, periodicals, prints and pictures, computer hardware, software, and such materials, equipment, and other property as may be necessary and through the Bureau of Purchasing such other property that may be necessary for the operation performance of its functions.

(3) Develop library facilities to serve the needs and interests of the public.

(4) Maintain the City archives.

(5) Determine the purposes for which any moneys or property derived from any trust or donation made for library purposes shall be expended or used, subject only to the terms of such trust or donation.

(6) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.

Section 5-603 503. Librarian.

The Board shall may appoint a professional Librarian who shall serve at its pleasure and who shall be in charge of the libraries and other facilities under the jurisdiction of the Board. The Librarian shall meet the qualifications required of Parish Librarians. ,as specified under applicable state and municipal law.

Section 5-701 601. Composition

Section 5-702 602. Functions

Section 5-703 603. Aviation Director

Section 6-701 601. Composition.

The New Orleans Aviation Board shall consist of five nine members to who shall be appointed by the Mayor with the approval of the Council for terms of five years, so arranged that the term of one or two members member shall expire each year.

Section 5-702 602. Functions.

The Board shall:

(1) Administer, operate and maintain all municipal airports and aviation facilities.

(2) Represent the City in all technical matters pertaining to aeronautics in consultation with state, national or international aeronautics officers or agencies.

(3) Provide for the regulation and policing of municipal airports and aviation facilities in accordance with applicable state and municipal law.

Section 5-703 603. Aviation Director.

The Board may appoint an Aviation Director who shall serve at its pleasure and who shall be the executive officer of the Board.

Section 5-801 701. Composition

Section 5-802 702. Functions

Section 5-803 703. Enforcement

Section 5-801 701. Composition.

There shall be a Vieux Carre Commission consisting of nine members electors, domiciled in the City, appointed by the Mayor with the approval of the Council, for a term of four years, as provided by Article 14, Section 22A of the Louisiana Constitution of 1921, and retained by Article 6, Section 17 of the Louisiana Constitution of 1974. At least one Mayoral at-large appointment shall be domiciled within the area bounded by the Mississippi River, the downtown side of Iberville Street, the river side of North Rampart Street and the uptown side of Esplanade Avenue. In selecting persons for appointment to at-large positions on the Vieux Carre Commission, the Mayor shall take such steps as are necessary to ensure that persons from all areas of the City are given due consideration for such appointments.

Section 5-802 702. Functions.

The Commission shall:

(1) Preserve those buildings in the Vieux Carre section of the City as defined by the Constitution, having an historical or architectural value.

(2) Make such recommendations to the Council as it deems appropriate concerning measures for the preservation of the Vieux Carre.

Section 5-803 703. Enforcement.

The Council shall by ordinance or otherwise carry into effect provisions of the Constitution and this Chapter relating to the Vieux Carre section and shall provide for the enforcement of such provisions by appropriate legal proceedings including resort to injunctive process.

(4) Designate the portions of parks and other areas under its control for the activities under the direction of the Department of Recreation.

Section 5-802. Powers, Duties, and Functions

Section 5-803. Administration

Section 5-801. Audubon Commission.

The Audubon Park Commission shall hereinafter be known as the Audubon Commission and shall be continued in existence from January 1, 1996, the effective date of this amendment, with the same powers, duties, and functions as enjoyed by the Commission previously. The powers, duties, functions, administration, and operation of the Commission shall be as provided for in this chapter of the Charter and other applicable state and municipal law.

Section 5-802. Powers, Duties, and Functions.

The powers, duties, functions, administration, and operation of the Audubon Commission shall be as provided in this chapter to administer, operate, and maintain facilities administered by the Commission, including Audubon Park, the Aquarium of the Americas, Woldenberg Riverfront Park, the Species Survival Center, the Louisiana Nature Center and other educational, cultural and recreational facilities, and to perform such other duties as are provided by applicable law, subject to the provisions of the City's Master Plan, its land use regulations, and its permitting authority. The Commission shall not accept, assume, or exercise any power or function which relates to taxation or the police power or which imposes a financial obligation on the city derived from any state law unless approved by ordinance of the Council.

Section 5-803. Administration.

(1) Any capital or operating funds appropriated by the City Council to the Commission in accordance with the provisions of this Charter shall be administered by the Commission subject to all provisions of the Charter applicable to such appropriations. All other funds received by the Commission, including but not limited to funds generated from the operation of facilities by the Commission, millage revenues, donations, and federal, state, or local funds, shall be administered solely by the Commission in accordance with the procedures specified in this section.

(2) The Commission shall prepare and transmit its operating and capital budgets annually to the Mayor and Council no later than the first day of December of each year.

(3) The Commission shall prepare and transmit to the Mayor and Council an independent audit prepared by a Certified Public Accountant or firm of Certified Public Accountants within 120 days of the end of its fiscal year. Notwithstanding the preparation and transmittal of such an audit by the Commission, the Council may include the Commission in the independent audit authorized pursuant to Section 6-107 of this Charter.

(4) The Commission shall comply with all state and municipal public bid laws dealing with the procurement and disposition of property.

(5) The Commission may accept any trust or conditional donation without the necessity of review by the Board of City Trusts or its successor, provided that the Commission shall not accept any trust or conditional donation which imposes a financial obligation unless the acceptance is approved in accordance with procedures established by ordinance or in accordance with procedures established in this Charter for the acceptance of a trust or conditional donation. In no event shall acceptance of any trust or conditional donation by the Commission impose any financial obligation on the City unless approved as provided by this section.

(6) The Commission may retain counsel, whose duties may include the performance of notarial work for transactions required to be in authentic form.

Section 5-1001 901. Composition

Section 5-1002 902. Functions

Section 5-1001 901. Composition.

The New Orleans Alcoholic Beverage Control Board shall consist of seven members, who are electors of and domiciled in the City, one to be appointed by each member of the Council, for terms of four years. The terms of office of the members of the Board shall expire on June thirtieth of the year that the Mayor and Councilmembers take office. provided that each Councilmanic district shall have at least one representative and provided that the initial appointments to the Board shall expire on June 30, 1982.

Section 5-1002 902. Functions.

The Board shall:

(1) Hear and decide cases for suspension or revocation of City alcoholic beverage permits.

(2) If provided by ordinance, hear and decide appeals from persons who have been denied alcoholic beverage permits by an administrative official in the enforcement of the Beer and Alcoholic Beverage Ordinances applicable state or municipal laws.

The Board shall have the right to administer oaths, subpoena witnesses and compel the production of books and papers in connection with its activities.

The Board may employ necessary staff in accordance with applicable Civil Service law and subject to appropriations by the Council. The Board's operation and procedures shall be governed by Chapter 1 of Article IX of this Charter, and by applicable State Law, and the ordinance of the Council state and municipal law.

(2) Monitor the populations of disease and virus transmitting mosquitoes and consult with appropriate authorities.

Chapter 1. Budgeting and Auditing

Chapter 2. Fund Administration

Chapter 3. Procurement and Disposition of Property

Section 6-101. Revenue Estimating Conference

Section 6-101 102. Preparation of the Annual Operating Budget

Section 6-102 103. Administration and Enforcement of the Operating Budget Ordinance

Section 6-103 104. Preparation of Capital Program and Capital Budget

Section 6-104 105. Administration and Enforcement of the Capital Budget Ordinance

Section 6-105 106. Fiscal Year

Section 6-106 107. Encumbrance Defined

Section 6-107 108. Independent Audit

6-101. Revenue Estimating Conference.

(1) The Revenue Estimating Conference shall be composed of the Mayor, who shall serve as chair, the Chief Administrative Officer, the Director of Finance, a member of the Council selected by the Council, and a faculty member of a college or university in New Orleans who has expertise in forecasting revenues or in a related field. The faculty member shall be appointed by the Mayor and confirmed by the Council to serve for a term concurrent with that of the Mayor and shall be subject to removal under the same procedure as provided in this Charter for removal of board members.

(2) The conference shall prepare and publish initial and revised estimates of money which is to be recognized for the current and next fiscal year by the City general fund and all other City operating funds, such estimates to be based upon standards promulgated by the Governmental Accounting Standards Board and which shall be known as the "official forecast." The conference shall meet at least quarterly. The Mayor may call meetings of the conference at any time in accordance with applicable state and municipal law and shall call meetings when requested to do so by Motion of the City Council. In each estimate, the conference shall designate the money which is nonrecurring or will recur only in a limited number of years. Conference decisions to adopt these estimates shall be by a unanimous vote of its members. The most recently adopted estimate, as defined above, shall be the official forecast and shall constitute a recommendation to the Mayor and City Council of the amount of revenues to be included in the operating budget for the year for which the forecast is made.

Section 6-101 102. Preparation of the Annual Operating Budget.

(1) The Chief Administrative Officer shall annually, and not later than the first day of August, prepare budget request forms for the Council and for make available sufficient data relating to the current and preceding year's appropriations and expenditures for each fund to each office, department, or board, the Council, pension and retirement system, trust proceeds fund, debt service fund or other entity which is receiving or seeks to receive an appropriation from the Council payable from any operating fund of the City. or which expends City funds. All data required under this section shall be in a format which adheres to generally accepted accounting principles as defined by the Governmental Accounting Standards Board or any successor organization, except as provided in Section 6-103 (1). The Director of Finance shall enter upon such forms the amounts which were expended in the preceding year and for the first six months of the current year for each class of expenditure. Separate sets of forms shall be provided for each fund from which an appropriation is made.

(2) The Council and the head of each office, department or board shall enter upon such forms the estimated expenditures for the second six months of the current year and the requests for appropriations for the ensuing year. The head of each office or board attached to a department shall submit the completed forms to the head of the department who shall indicate thereon his recommendation with respect to each requested item. All completed forms shall be delivered to the Chief Administrative Officer not later than the fifteenth day of September. Any entity which seeks an appropriation from any operating fund of the City shall submit detailed data to the Chief Administrative Officer in accordance with a schedule prescribed by the Chief Administrative Officer for compilation and recommendations for review by the Mayor prior to the Mayor's submission of the proposed budget to the City Council.

(3) The Chief Administrative Officer, after consulting with the Council and the heads of offices, departments and boards, shall prepare a preliminary budget for the consideration of the Mayor. The preliminary budget shall include all budget requests, and the recommendations of the Chief Administrative Officer with respect to each request, an estimate of revenues the receipts from each source of revenue, and a statement of the total estimated revenues income and total recommended expenditures for each operating fund.

(4) The Mayor shall review the preliminary budget and may hold either formal or informal hearings thereon, at which the heads of each office, department or board may be given an opportunity to be heard with respect to their requests. The Chief Administrative Officer shall then prepare the operating budget under the direction of the Mayor. Such budget shall set forth each item of expenditure recommended by the Mayor,his estimates of available surplus and income from existing revenues for each operating fund, and where and estimates of revenues which will be available for expenditure. If the estimate of any revenue differs by more than three percent from the estimate of that revenue in the official forecast, information on the difference and an explanation thereof shall be submitted to the Council with the operating budget. Where the estimated revenues from existing sources are insufficient to meet the recommended expenditures, the Mayor's shall provide recommendations of new sources of

revenues to balance the budget. The operating budget shall be presented to the Council with a message from the Mayor outlining his reasons for the requested appropriations, and shall be accompanied by proposed revenue and operating budget ordinances to give effect to the budget as presented. The mere enumeration of a function, power, or activity in this Charter shall not, in and of itself, mandate that the Council appropriate specific funds with respect thereto.

(5) The proposed ordinance for the operating budget shall provide lump sum appropriations under the following classes for each budget unit:

(a) Personal services of officers and employees.

(b) Contractual services. Other operating expenses.

(c) Materials and supplies.

(d) Improvements of an estimated life of less than ten years, and equipment

(e) (c) Debt service.

(f) (d) Such other classes as the Mayor may annually establish.

(6) The proposed ordinance for the operating budget shall authorize the transfer of all amounts authorized by the capital budget ordinance from the general fund and the proper any special revenue funds to the proper capital projects funds of all amounts authorized by the capital budget ordinance to be financed from such transfers.

(7) There shall be appended to the operating budget a statement of the transactions of each of the pension and retirement systems, expendable trust proceeds funds, and debt service funds, and revolving funds for the preceding year, for the current year to June 30th thirtieth, and anticipated transactions for the remainder of the current year and for the ensuing fiscal year, and a projection of anticipated revenues and expenditures of the City, including all dedicated and undedicated funds and the funds of each unattached board and commission for the next five fiscal years.

(8) The operating budget and the proposed revenue and operating budget ordinances shall be submitted to the Council not later than the first day of November. Sufficient copies of the operating budget shall be supplied by the Mayor to the Clerk of Council for distribution to members of the Council and to interested citizens.

Section 6-102 3. Administration and Enforcement of the Budget Operating Budget Ordinance.

(1) The adoption of the operating budget ordinance shall constitute an appropriation of the sums specified therein for the purposes and from the funds indicated. Such appropriation shall be considered valid only for the year for which made, and any part of such appropriation which is not encumbered or expended shall lapse at the end of the year.

(2) Following the adoption of the operating budget ordinance, the head of each office, department and board shall submit to the Chief Administrative Officer schedules showing the expenditures anticipated for each quarter of the fiscal year.

(3) The approval of an expenditure schedule by the Chief Administrative Officer shall constitute a budgetary allotment which shall be binding upon such office, department or board, and the Department of Finance shall approve or issue no requisition, purchase order, voucher or check that is not in accordance with such allotment.

(4) The allotments herein provided may be altered at any time by the Chief Administrative Officer upon his own initiative or at the request of the head of an office, department or board and shall be altered at the direction of the Mayor. The Mayor shall direct appropriate revisions in allotments to keep expenditures within the revenues received or anticipated.

(5) The Director of Finance and his surety shall be liable for any moneys withdrawn from any operating fund other than in accordance with the operating budget ordinance and allotments.

Section 6-103 4. Preparation of the Capital Program and Capital Budget.

(1) The City Planning Commission annually and not later than the fifteenth day of October shall prepare and submit to the Mayor a capital program in the manner set forth in this section.

(2) Each office, department, and board, the Council, pension and retirement system, expendable trust fund, and debt service fund or other entity annually and not later than the fifteenth day of August shall present to the City Planning Commission, in accordance with a schedule prescribed by the Chief Administrative Officer, a list of all the expenditures for permanent physical improvements which it is making or believes should be made in conjunction with its work during the next five years next ensuing.

(a) Each list shall show the projects in process of construction or acquisition, their present status, the amounts spent or to be spent thereon to the close of the current year, the work which is required to complete each undertaking with a schedule for such completion, the amount and source of the moneys spent, and the amount and source of moneys required during each of the five succeeding years to complete each undertaking.

(b) Each list proposal shall contain a full statement of the reasons for each new project, justification of the project, its estimated cost, method of financing, of the project to date of completion, the estimated cost of annual operating operation and maintenance, to be constructed or acquired, the proposed dates of initiation and completion of the project, the financial requirements during each of the five ensuing years and the source of such moneys.

(3) The Chief Administrative Officer shall furnish to the Commission a statement of the moneys likely to be available from the General Fund and special revenue funds and the amount of bonds which the Mayor believes it would be proper for the City to issue during each of the next five years. The Commission shall then prepare the capital program for the next five years, in which it shall recommend the projects to be undertaken within the period in priority order and shall state the sources of moneys to be used for each project during each year of the period. As an appendix to the capital program, the Commission shall set forth those projects recommended by offices, departments and boards, which have the approval of the Commission but which have not been included in the capital program. Such approved projects shall be arranged in a manner that will indicate the Commission's evaluation of the relative priority of such projects if moneys were available. A separate appendix shall be included setting forth the proposed projects which do not have the approval of the Commission and the reasons for rejection.

(4) (a) Upon receipt of the capital program from the Commission, T the Mayor upon receipt of the capital program from the Commission, shall prepare a message to the Council setting forth his recommendations with regard thereto. The Chief Administrative Officer, under the direction of the Mayor, shall prepare a proposed capital budget ordinance for the first year covered by the capital program.

(b) Not later than the first day of November, tThe Mayor, not later than the first day of November, shall submit to the Council the capital program as prepared by the Commission, the capital budget message, and the proposed capital budget ordinance. Sufficient copies of each shall be supplied by the Mayor to the Clerk of the Council for distribution to members of the Council and to interested citizens.

Section 6-104 5. Administration and Enforcement of the Capital Budget Ordinance.

(1) The adoption of the capital budget ordinance shall constitute an appropriation of the sums specified therein for the purposes and from the funds indicated. Such appropriation shall be considered valid only for the year for which made, and any part of such appropriation which is not encumbered or expended shall lapse at the end of the year. Officers authorized to make expenditures under the capital budget ordinance may proceed without other authority from the Council to incur obligations or make expenditures for proper purposes to the extent that the moneys are on hand available.

(2) Accounting officers of the City shall be responsible for the enforcement of the capital budget ordinance to the same extent as the Director of Finance is responsible for the enforcement of the operating budget ordinance.

Section 6-105 6. Fiscal Year.

The fiscal year of the City shall be the calendar year unless changed by ordinance. If the fiscal year is modified, the time limits specified in this Chapter shall be modified by the ordinance to conform to substantially the same general time schedule as that specified herein.

Section 6-106 7. Encumbrance Defined.

For the purpose of this Charter, the term "encumbrance" shall mean a commitment for expenditure of an appropriation evidenced by a valid requisition properly approved.

Section 6-107 8. Independent Audit.

(1) The Council shall execute an agreement with a Certified Public Accountant or firm of CPA's Certified Public Accountants for the purpose of securing an examination audit of the accounts of the City. and may execute such an agreement for the purpose of securing an audit of the accounts of any office or public body that receives or expends City funds, including non-municipal offices and public bodies.

(2) As soon as practicable after close of the fiscal year, and in no event later than four six months after the close of the fiscal year, after the close thereof, the accountant or accountants shall submit to the Council a report upon the transactions of the year just completed to the Council.

(3) The No certified public accountant selected to make the audit or any of the partners of the firm of certified public accountants selected to make the examination shall be neither a member, nor an official officer, or an employee of a department, board or other agency of the City.

(4) If the person or firm selected to make the audit informs the Council that any office or entity receiving or expending City funds has failed or refused to provide information or permit inspections necessary or reasonably desirable for completion of the audit, the City Council may issue and the City Attorney shall promptly seek enforcement of subpoenas to compel the requested inspection or information.

Section 6-201. Operating Funds

Section 6-202. Pension and Retirement Funds

Section 6-203. Debt Service Funds

Section 6-204. Capital Projects Funds

Section 6-205. Nonexpendable Trust Funds

Section 6-206. Expendable Trust Proceeds Funds

Section 6-207. Clearing or Suspense Funds

Section 6-208. Revolving Funds

Section 6-209. Petty Cash Funds

Section 6-210. Agency Funds

Section 6-211. Escrow Funds

Section 6-212. Deposit Funds

Section 6-213. Reserve Funds

Section 6-214. Change Funds

Section 6-215 207. Other Funds

Section 6-216 208. Deposit of Funds

Section 6-217. Fund Defined

Section 6-201. Operating Funds.

(1) Except as otherwise provided in this Chapter, all moneys of the City held by the Director of Finance or other officers for the purpose of defraying any operating expense shall constitute "operating funds."

(2) The Director of Finance shall establish and maintain the following operating funds:

(a) The General Fund. Except as otherwise provided by this Charter or applicable state law, all taxes, licenses, fees, and other receipts, revenues and income of the City shall be deposited daily to the credit of the "General Fund of the City of New Orleans".

(b) Other Operating Funds. The Council shall by ordinance establish such other operating funds as are required to comply with the provisions of any law, contract or donation under which the City receives moneys or to comply with generally accepted accounting principles.

(3) No moneys shall be disbursed from operating funds except in accordance with pursuance of an appropriation made by the operating budget ordinance and allotments thereunder, or the capital budget ordinance as provided for in this Charter, or pursuant to applicable state and municipal law. No operating expense shall be paid from any fund other than an operating fund;, except to the extent specifically authorized by ordinance to be paid from other funds.

(4) The Council may authorize by ordinance the creation of petty cash accounts to permit payment for small purchases which are impractical to pay by check. No petty cash account shall be for a greater amount than is necessary to finance transactions for one month. Officers or employees having custody of petty cash accounts shall be bonded, shall use the funds only for public purposes, shall submit appropriate documentation for all expenditures, and shall comply with any requirements imposed by ordinance.

Section 6-202. Pension and Retirement Funds.

(1) All funds maintained for the purpose of paying any pension or retirement benefits, payments or refunds, or for providing any reserve or accumulation with respect thereto, shall constitute "pension and retirement funds."

(2) No payments shall be made from any pension or retirement fund for any purpose other than to pay benefits authorized to be paid from such funds; to make investments as may be provided by law; or to refund contributions to the members of such funds. All operating expenses of pension and retirement systems shall be payable only from operating funds.

(3) The governing authority of any pension or retirement fund may arrange with the Board of City Trusts for the administration of the reserves held by such pension or retirement fund.

Section 6-203. Debt Service Funds.

(1) All moneys or securities held for the purpose of paying the principal, sinking fund installments, interest, or other valid expenses in connection with the servicing or payment of any obligation which becomes due and payable more than one year from its date shall constitute "debt service funds."

(2) The Director of Finance, and other officers, departments or boards when required by law or by the terms of any bond, note, certificate or other evidence of indebtedness, shall maintain such funds as may be necessary to enable the City to perform its contractual obligations.

(3) Moneys held in any debt service fund by any officer, department or board shall be disbursed only in accordance with the provisions of law, or contract, relating thereto. No appropriations shall be required as a prerequisite to disbursement from such fund.

Section 6-204. Capital Projects Funds.

(1) All moneys received or held for the purpose of defraying the cost of any capital expenditure shall constitute "capital projects funds."

(2) Capital projects funds shall consist of moneys derived from the proceeds of the sale of immovable property, from proceeds of bonds, notes, certificates or other evidences of indebtedness for capital expenditures, including proceeds of temporary loans negotiated in anticipation thereof, from appropriations or grants from other governments or governmental agencies for capital expenditures, from allocations made by any operating budget ordinance for capital expenditures, from proceeds from any insurance settlement for loss sustained to immovable property, from proceeds of assessments for street improvements to the extent not dedicated to repayment of debt, or from transfers from any reserve fund maintained for ultimate capital expenditures.

(3) Capital projects funds shall be expended only in accordance with the terms of the capital budget ordinance, the terms of loans negotiated, or the terms of tax levies.

Section 6-205. Nonexpendable Trust Funds.

(1) All moneys acquired by donation which are to be invested, or held intact, temporarily or permanently, and all other property so acquired by donation shall constitute "nonexpendable trust funds."

(2) The Director of Finance shall be the treasurer for any other trusts held by or in the name of the City, its officers, departments or boards, except insofar as to the extent specifically and irrevocably otherwise provided under the terms of the donation or trust. He The Director shall maintain separate funds and bank accounts for such trust fund, and shall receive and deposit to the credit of such funds and accounts all the moneys belonging thereto, and shall make disbursement therefrom only in accordance with resolutions or other appropriate authorizations furnished by the Board of City Trusts or other persons, officers, departments or boards having power so to authorize.

Section 6-206. Expendable Trust Proceeds Funds.

(1) All moneys derived from the interest, dividends, or other earnings of trust funds, or from the sale of trust fund assets that are to be expended for any purpose under the terms of any donation or trusts, shall constitute "expendable trust proceeds funds."

(2) The Director of Finance shall maintain separate funds and bank accounts for each such expendable trust proceeds fund, and shall receive and deposit to the credit of such funds and accounts all of the moneys belonging thereto, and shall make disbursement therefrom only in accordance with resolutions or other appropriate authorization furnished by the Board of City Trusts or other persons, officers, departments or boards having power so to authorize.

Section 6-207. Clearing or Suspense Funds.

(1) Moneys held pending payment thereof to other funds as may be provided by law, shall constitute "clearing or suspense funds."

(2) The Director of Finance shall maintain such clearing and suspense funds as may be necessary for the orderly transaction of business. No expenditures may be paid from such funds, and disbursements shall be made therefrom only in accordance with the provisions of law governing same; provided that no appropriation shall be necessary as a prerequisite to disbursements for clearing and suspense funds.

Section 6-208. Revolving Funds.

(1) Funds may be maintained by the City for the operation of any public enterprise which is substantially or wholly commercial in character, or for the purpose of facilitating work performed by the City for which it is to be reimbursed in whole or in part. Such funds shall constitute "revolving funds."

(2) The Council may by ordinance establish a revolving fund for each public enterprise. The revolving fund so established shall be subject to the provisions of this Article relating to budgeting, appropriation, and allotment only to such extent as the ordinance establishing such fund shall provide. The provisions of this Charter relating to other phases of financial management, including Purchasing, shall apply without exception.

Section 6-209. Petty Cash Funds.

(1) Moneys withdrawn from other funds and held for the purpose of paying out small amounts which are impractical to pay by check shall constitute "petty cash funds."

(2) Petty cash funds shall be established only by ordinance and only when essential for the proper transaction of public business, provided that no petty cash fund shall be for a greater amount than is necessary to finance transactions for one month.

(3) Petty cash funds shall be used only for the purpose for which established and shall not be used to cash personal checks.

(4) Disbursements from petty cash funds shall be subject to the same budgetary limitations and general accounting procedures as the funds from which created.

(5) Petty cash funds shall be reimbursed at least once a month for the amount of invoices, receipts or other evidences of disbursements submitted. No reimbursement shall be made, however, until these documents have been checked by the Department of Finance in the same manner as expenditures paid by check and in the case of petty cash expenditures chargeable against an appropriation, until the applicable appropriation has been encumbered by the amount of such expenditure.

(6) Officers or employees having custody of petty cash funds shall be bonded.

Section 6-210. Agency Funds.

(1) Any fund maintained for any constitutional, state, parochial, or district officer, department or board which is not subject to the provisions of this Charter, shall constitute "agency funds."

(2) Moneys received for the account of any such fund shall be deposited to its credit and shall be disbursed therefrom in accordance with the provisions of law governing the same and no appropriations shall be required under this Charter unless specifically authorized by law.

Section 6-211. Escrow Funds.

(1) Moneys paid to or deposited with any officer, department or board under protest or held subject to the proper determination of the rights of the City thereto, shall constitute "escrow funds".

(2) The Director of Finance shall maintain such escrow funds as may be proper. No expenditures shall be made therefrom and disbursements shall be made only in accordance with the provisions of law, contract, or court order relating thereto. No appropriation shall be required for disbursement therefrom.

Section 6-212. Deposit Funds.

(1) Moneys deposited under any ordinance or contract in connection with the exercise of any right or privilege, or for the purpose guaranteeing performance of any obligation to the City, shall constitute "deposit funds."

(2) The Director of Finance shall have custody of deposit funds. Deposit funds shall not be used to defray expenditures. Under court order or upon the certification of the appropriate officer, department or board that such deposit is no longer required, the Director of Finance shall transfer to other funds the portions of the deposit due such funds and shall return the remainder to the person making the deposit. No appropriation shall be required for disbursement from deposit funds.

Section 6-213. Reserve Funds.

(1) Funds maintained for the purpose of accumulating or maintaining a reserve for the replacement of any capital facility, the payment of any claim, the establishment of self-insurance funds, or the payment of any compensatory amount to any employee, shall constitute "reserve funds."

(2) Reserve funds shall not be used to defray expenditures. Claims shall be paid only pursuant to appropriation; payment of any compensatory amount due to any employee may be made without appropriation but only in accordance with the provisions of applicable law or ordinance. Disbursement of the reserve funds for the purpose of replacement of any capital facility, or the repair or replacement of any property which is self-insured, shall be made by transfer of the proper amount to the appropriate capital or operating fund and shall then be subject to appropriation.

Section 6-214. Change Funds.

Funds withdrawn from other funds and maintained for the purpose of making change shall constitute "change funds." Such funds shall not be expended nor shall they be used for cashing checks. If any such fund or part thereof is no longer needed, it shall be returned to its original fund.

Section 6-215 207. Other Funds.

The Mayor, with the approval of the Council, may establish other funds when necessary, and when no appropriate class of funds exists in accordance with generally accepted accounting principles, and the Director of Finance may create funds required to comply with generally accepted accounting principles.

Section 6-216 208. Deposit of Funds.

Money received by officers and employees shall be deposited promptly to the City's account in depository banks. The bank account may indicate the name of the fund, department, board or beneficiary for whom the money is deposited.

Section 6-217. Fund Defined.

The term "fund" as used in this Charter shall mean money, securities or other property required to be held for a particular purpose or class of purpose.

Section 6-301. Procurement of Movable Property

Section 6-302. Procurement of Immovable Property

Section 6-303. Insurance

Section 6-304. Surety Bonds

Section 6-305. Disposition of Movable Property

Section 6-306. Disposition of Immovable Property

Section 6-306.1 307 New Orleans Municipal Trust Fund

Section 6-307. 308 Contracts

Section 6-301. Procurement of Movable Property.

(1) The Bureau of Purchasing Department of Finance shall be responsible for the procurement of all movable property to be paid for from any appropriation made by the Council.

(2) (a) Before procuring any movable property, the Bureau of Purchasing Department of Finance shall ascertain whether or not movable property is available for transfer to satisfy any requisition, and if such is available, the transfer shall be made in lieu of all or a portion of the procurement with appropriate credits and charges to the budget units involved.

(b) If such property is not available for transfer, the Bureau of Purchasing Department of Finance shall procure it from the lowest responsible bidder who conforms to the terms and specifications prepared for by the Bureau. Department, except in cases where competitive bids are not required by state or municipal law.

(3) For any purchase of less than $1,000, at least three bids shall be secured, if possible. Purchases amounting to more than $1,000 shall be only by written contract.

(4) Purchase orders shall be submitted to the Bureau of Accounting for approval as to availability of appropriations and allotments where required or of unencumbered fund balances in other instances, and no purchase order shall be valid without such approval.

(5) The Bureau of Purchasing shall require such guarantees of performance by vendors as may be prescribed by ordinance.

(6) The Council may by ordinance provide for procurement of items of movable property of a value of less than $100 by officers, departments or boards under standards and procedures prescribed by the Bureau of Purchasing.

(7) Should the Council by a 2/3 vote declare the existence of an emergency, movable property may be procured in a manner other than that prescribed herein under rules prescribed by the Director of Finance.

Section 6-302. Procurement of Immovable Property.

(1) The Bureau of Purchasing Department of Finance shall be responsible for the procurement of all immovable property, but only in conformity with the instructions of the Department of Property Management.

(2) Requisitions for the procurement of immovable property which have been approved by the appropriate accounting officer as to availability of unencumbered fund balances shall be submitted to the Department of Property Management, which department shall ascertain whether property owned or leased by the City is available for the purpose requested. If such property is available, the Director of Property Management shall arrange for its assignment or transfer in cooperation with the budget units involved. If such property is not available, the Bureau of Purchasing Department of Finance shall procure the necessary property by purchase, lease, exchange or expropriation.

(3) No immovable property shall be acquired by the City without the approval of the City Planning Commission as to its use, and where necessary, the approval of the Board of City Trusts,. provided that if If either of said boards fail fails to act within thirty days of a request for approval, its approval shall be presumed.

(4) All expropriation proceedings shall be instituted in the name of the City through the Department of Law.

Section 6-303. Insurance.

(1) Insurance against fire, windstorm, and other hazards may be procured for the protection of the property of the City in such amounts and under such conditions as the Council shall ordain.

(2) The City may, without waiver of its governmental immunity, procure public liability, bodily injury, and property damage insurance covering such risks and in such amounts as the Council may ordain, provided all such policies of insurance shall contain a stipulation that the insurer shall not assert the governmental immunity of the City as a defense of any suit on such policies.

(3) All insurance shall be procured by the Bureau of Purchasing Department of Finance from companies licensed by the state to insure the types and amounts of risks involved.

Section 6-304. Surety Bonds.

Except as herein otherwise provided, the The Council except as herein otherwise provided shall determine which officers and employees shall be required to furnish surety bonds and shall determine the amount of each such bond. The Bureau of Purchasing Department of Finance shall procure all such surety bonds from companies licensed to do business in the state. All such bonds shall be in favor of the City, and the premiums thereon shall be borne by the City.

Section 6-305. Disposition of Movable Property.

(1) Boards, department heads, and other officers having movable property which is not useful to them, shall from time to time and at least annually furnish a list thereof to the Bureau of Purchasing Department of Finance. The Bureau of Purchasing Department of Finance shall examine such property, and if the same is found to be usable, it shall be returned to the central storehouse or inventoried for subsequent issue upon requisition. If it is found to be unusable for public purposes, the Director of Finance, after fixing a minimum price shall cause the property to be exchanged or sold at public auction to the highest bidder for not less than the minimum price established, after advertisement in the official journal twice in one week, and the proceeds shall be placed in the Capital General Fund. By ordinance approved by two-thirds of all its members, the Council may authorize the sale without public bid of movable property not needed for public purposes at a shop or store operated by or under the authority of the City of New Orleans, and the proceeds shall be placed in the General Fund or another fund as specified in the ordinance.

Section 6-306. Disposition of Immovable Property.

(1) The Department of Property Management shall from time to time, and not less than once in two years, review the immovable property of the City and make recommendations to the Council and the City Planning Commission for the disposition of such property as is no longer needed.

(2) With the prior approval of the Mayor and the City Planning Commission, the Council may ordain the sale or exchange of immovable property no longer needed. In its resolution of approval, the City Planning Commission may impose restrictions as to future use of such property in order to insure that its use will be in conformity with the plans developed or in process of development by the Commission. The Director of Finance, after fixing a minimum price, shall, either individually or through a person appointed by the Director him, cause the property to be sold at public auction to the highest bidder for not less than the minimum price, after advertisement in the official journal three times in two weeks, and the net proceeds shall be placed the Capital Projects Fund. However, immovable property may be transferred for purposes of rehabilitation without public auction, in accordance with procedures authorized by state law.

Section 6-306.1 307 New Orleans Municipal Trust Fund.

(1) Notwithstanding the provisions of Section 6-306 of this Chapter, all net proceeds resulting from a sale of any immovable property owned by the City having a sale price of more than five million dollars, including but not limited to the New Orleans International Airport, shall be placed in an expendable trust fund to be designated as the New Orleans Municipal Trust Fund. Specific donations or bequests to the New Orleans Municipal Trust Fund shall also be placed in the fund. The Council may from time to time appropriate additional funds to be placed in the Municipal Trust Fund. No appropriations shall be made from the fund except in accordance with paragraph (2) of this section.

(2) The Council may by ordinance make appropriations from the New Orleans Municipal Trust Fund to the General Fund provided that the total appropriations in any fiscal year shall not exceed eighty percent of the amount reasonably anticipated to be earned on the amount contained in the fund during that fiscal year. Such appropriations may be made to the General Fund or to the Capital Fund. The Council may by ordinance approved by a two-thirds vote of all its members appropriate to the Capital Projects Fund in any fiscal year up to fifty percent of the amount contained in the Municipal Trust Fund on the first day of that fiscal year.

(3) The provisions of this section may be declared inapplicable to all or any portion of the proceeds of a sale of immovable property owned by the City if a resolution is adopted by affirmative vote of not less than two thirds of the membership of the Council which states the Council's determination that:

(a) the immovable property was used for an essential public service, such as sewerage, water, drainage, recreation, port, or railroad purposes, and the proceeds from the sale are necessary to continue to provide the service, either for replacement of the property sold or for capital improvements by the City department, board or agency for whose benefit the property was used; or

(b) the immovable property was used primarily for office space or other essential support of City employees or activities, and the proceeds from the sale of the property are necessary to provide for replacement of that space or support; or

(c) the immovable property is or was acquired pursuant to the terms of a donation, trust, contract, or law which would preclude the deposit of the proceeds from the sale of the property into the Municipal Trust Fund.

The Council shall hold a public hearing on any resolution to declare this section inapplicable to a sale of immovable property, which hearing shall be advertised in the official journal once a week during the two weeks preceding the public hearing. (4) If the City disposes of immovable property by means of an exchange of property with additional cash compensation to the City, and the total value of the property and cash exceeds five million dollars, the provisions of this section shall apply to the cash proceeds of the transaction.

(5) Despite its name, the Municipal Trust Fund shall not be subject to the provisions of Chapter 4 18 of Article V IV of this Chapter Charter. However, conditional donations to the Municipal Trust Fund shall be subject to the provisions of Chapter 4 18 of Article V IV of the Chapter Charter.

Section 6-307 308. Contracts.

(1) All formal written contracts to which the City is a party, except those executed pursuant to paragraph (5)(c) of this section, shall be signed by the Mayor, or, under his the Mayor's authorization, by the Director of Finance or the Director of Property Management. Contracts may be proposed by any officer, department or board but, before being presented for signature, shall be approved by the Department of Law as to form and legality.

(2) Prior to signature, contracts involving financial obligations by the City shall be approved also by the Department of Finance as to the availability of funds in the amounts and for the purposes set forth therein. Such contracts shall not extend beyond the term for which an appropriation to finance such obligations shall have been made. This paragraph shall not apply to obligations for the procurement of light, heat, power, water, telephone service or garbage removal or destruction services from regulated utilities, telecommunication services, and sanitation services.

(3) All construction of public buildings of an estimated cost of more than $5,000 shall be done by contract in conformity with applicable state or municipal law.

(4) Contracts for the leasing of property belonging to the City for periods of more than one year shall be subject to requirements which may be imposed by ordinance.

(5)(a) Except in the purchase of unique or noncompetitive articles, competitive bids shall be secured before any purchase, by contract or otherwise, is made or before any contract is awarded for construction, alteration, repair or maintenance or for the rendering of any services to the City, other than professional services, and the purchase shall be made from or the contract shall be awarded to the lowest responsible bidder after advertisement prescribed by ordinance or by applicable state or municipal law.

(b) Contracts for professional services administered by the offices, departments, boards, and other agencies of the Executive Branch shall be awarded on the basis of a competitive selection process which shall be established by executive order of the Mayor.

(c) Contracts for professional services administered by the Council, pursuant to its Charter functions, legislative authority and responsibilities, and regulatory authority and responsibilities, shall be awarded on the basis of a competitive selection process which shall be established by rule of the Council. Such contracts shall be signed by the Council president upon authorization by Motion adopted by a majority of the entire membership of the Council, except that pursuant

to Section 4-403(2), contracts to employ special counsel shall require a two-thirds vote of the Council's entire membership. The Council rule may except contracts executed solely to assist the office of an individual councilmember.

(d) Each such order or rule and any amendment thereto shall be published once in the official journal and shall be the subject of a public hearing at least seven days prior to its effective date. The Executive Branch or Council competitive selection processes may include a threshold amount below which the competitive selection process shall not be required. The amount of the threshold shall be established by ordinance.

(6) The Director of Finance shall require of successful bidders a performance bond, and, where appropriate, a labor and materials bond. He The Director may in his the exercise of sound discretion permit a bidder to file an annual bond to cover bids that may be made by, or the performance of contracts that may be awarded to, such bidder during an annual period. Such bond shall be in such amount as the Department of Finance may determine and may be increased or decreased from time to time as the Department may require, in order to keep it commensurate with the bids made or contracts awarded during the annual period.

(7) The Council may by ordinance provide for the manner of executing other contracts and may in the case of any contract require the signatures of other officers in addition to those specified in this Section as it may deem proper for the protection of the interests of the City.

Section 7-101. The Improvements of Streets

Section 7-102. Payment of Costs

Section 7-103. Retention of Existing Rights

Section 7-101. The Improvements of Streets.

(1) The Council shall, by ordinance, provide for the paving and improvement of streets.

(2) The Department of Streets Public Works shall submit to the Council for its approval the plans and specifications for the improvement of any street, provided that such plans shall not conflict with the Master Plan previously adopted by the City Planning Commission. Upon approval of plans and specifications by the Council, the Department of Finance shall advertise for bids for such work unless it is to be performed by the Department of Streets, Public Works or unless such work is part of a program undertaken in cooperation with any other governmental agency.

Section 7-102. Cost.

(1) Costs to be Paid by Developers of Subdivisions. The Department of Streets Public Works with the approval of the Council may require that streets in such subdivisions be paved or repaved, and the Council may "require that the subdivider pay such portion of the total cost of such paving as it may deem reasonable." To assure said payment, the subdivider shall furnish a bond or cash in an amount fixed by the Council. No such bond shall be accepted until it has been approved as to form by the City Attorney, and as to sufficiency by the Director of Finance.

(2) Costs To Be Paid By Owners of Abutting Property. The Council may levy assessments for paving against abutting property in the manner and subject to the limitations contained in Sections 42 through 50, both inclusive, of Louisiana Act 159 of 1912, as amended by Louisiana Act 338 of 1936, for the protection, enforcement and collection of special assessments for the financing of paving and other street improvements.

Section 7-103. Retention of Existing Rights.

All liens, privileges, preferences, processes and immunities, vested in, granted to or enjoyed by the City of New Orleans prior to the effective date of this Charter under the Constitution and statutes of this state, including, but without limitation, those vested, granted or enjoyed under Sections 42 through 50, both inclusive, of Louisiana Act 159 of 1912, as amended by Louisiana Act 338 of 1936, for the protection, enforcement and collection of special assessments for the financing of paving and other street improvements, shall continue to be available to the City.

Section 8-102. Department of Civil Service

Section 8-103. Civil Service Commission

Section 8-104. Director's Functions

Section 8-105. The Classified and Unclassified Service

Section 8-106. Appointments and Promotions in Classified Service

Section 8-107. Adoption and Content of Rules and Regulations

Section 8-108. Classification

Section 8-109. Promotions

Section 8-110. Pay Plan

Section 8-111. Appeals

Section 8-112. Prohibitions

Section 8-113. Penalties

Section 8-114. Appropriations

Section 8-101. Effective Date of This Article.

This Article shall have effect only in the absence of an applicable State law upon the same subject matter. The members of the Civil Service Commission serving on the day prior to the effective date of this Article shall complete the terms for which they were appointed and shall serve as members of the Civil Service Commission established by this Article.

Section 8-102. Department of Civil Service.

The Department of Civil Service shall consist of a Civil Service Commission, a Director of Personnel, and the employees subordinate to the Director. The Department shall be a part of the Executive Branch.

Section 8-103. Civil Service Commission.

(1) Creation, Membership and Appointment:

(a) The Commission shall consist of three seven members who shall be electors of and domiciled in the City. appointed by the Mayor with the approval of the Council for terms of six years, provided that one of the first members shall be appointed for a term of two years, one for a term of four years, and one for a term of six years.

(b) One member of the Commission shall be appointed by the Mayor with the approval of the Council. One member shall be appointed by the Mayor from a list of three persons submitted by the President of Loyola University of the South, at New Orleans. One member shall be appointed by the Mayor from a list of three persons submitted by the President of the Tulane University of Louisiana. Whenever the term of a member of the Commission expires or a vacancy otherwise occurs, the Mayor shall appoint his successor in the same manner as the original appointment was made. The presidents shall make such nominations within thirty days after any vacancy occurs, and appointments shall be made by the Mayor within thirty days after nominations have been submitted. Should the Mayor fail to appoint within thirty days, the first named nominee shall automatically become a member of the Commission. Should the limitation of choice of the Mayor be declared unconstitutional, the Mayor shall appoint all members of the Commission with the approval of the Council. The presidents or chancellors of Dillard University, Loyola University, Tulane University of Louisiana, University of New Orleans, Southern University of New Orleans, and Xavier University, after giving consideration to representation of all groups, each shall nominate three persons. In addition, the employees in the classifed service of the City shall nominate three persons in the classified service of the City by means of an election called for that purpose and conducted in accordance with procedures specified by the rules of the commission. The City Council shall appoint one member of the commission from the three persons nominated by each nominating authority. If the Council fails to make an appointment within thirty days of receipt of a nomination, the nominee whose name is first on the list of nominees automatically shall become a member of the Commission.

(c) Each member shall be known to be in sympathy with the merit principle as applied to public employment; shall neither hold nor be a candidate for nomination or election to any other public office or position of trust or emolument, notary public or office in the military or naval forces excepted. Each member shall take the oath of office before entering upon his duties, which oath shall include a statement of belief and desire to support the principles of the merit system. No member shall be or have been, during the period of six months immediately preceding his appointment, a member of any local, state or national committee of any political party or an officer or member of any committee in any partisan or factional club or organization. A vacancy shall be filled by appointment in accordance with the procedure for the original appointment and from the same source. Within thirty days after a vacancy occurs or, in the case of the classified employee serving on the Commission, within ninety days after a vacancy occurs, the university president or chancellor concerned or the classified city employees shall submit three required nominations. Within thirty days thereafter, the City Council shall make the appointment. If the City Council fails to appoint within the thirty days, the nominee whose name is first on the list of nominees automatically shall becoome a member of the Commission. If one of the nominating authorities fails to submit nominees in the time required or if one of the named institutions ceases to exist, the City Council shall make the appointment.

(d) A member of the Civil Service Commission may be removed by the City Council, for cause, after being served with written specifications of the charges against said member and being afforded an opportunity for a public hearing thereon by the City Council.

(2) Functions.

The Commission shall:

(a) Appoint the Director, after competitive examination, who shall be in the classified service.

(b) Adopt classification plans, pay plans, and rules and regulations, and any amendments thereto after public hearing.

(c) Hear and dispose of appeals as provided in this Article.

(d) Advise the Mayor, the Chief Administrative Officer, the Director and any other officer of the City concerning personnel matters.

(e) Have the right to remove the Director for cause, after charges have been preferred against him the Director and he the Director has been provided a reasonable opportunity to be heard with respect to them and to produce evidence with respect thereto.

(f) Investigate and publicly hear any written charges brought by any person if filed within sixty days after the alleged violation of any provision of this Article or rules and regulations adopted thereunder.

(g) Order the withholding of compensation from any person found to be employed contrary to the provisions of this Article or rules and regulations adopted thereunder. Such order shall be directed to the appointing authority employing such person and said officer shall withhold payment of compensation to such person until authorized by the Commission, under the penalty of personal liability for any sum paid contrary to the order of the Commission, and under such other penalties as may be provided.

(h) Approve or disapprove, after receiving the recommendations of the Director, any agreements entered into between the City and any political subdivision or public body of the State to furnish the services and facilities of the Department to it in the administration of its personnel. Any such agreement shall provide for reimbursement to the City of the reasonable cost of the services and facilities furnished.

(i) Be vested with broad and general rule-making and subpoena powers for the administration and regulation of the classified service, including the power to adopt rules for regulating employment, promotion, demotion, suspension, reduction in pay, removal, certification, qualifications, political activities, employment conditions, layoffs, compensation and disbursements to employees, and other personnel matters and transactions; to adopt a uniform pay and classification plan; to require an appointing authority to institute an employee training and safety program; and generally to accomplish the objectives and purposes of the merit system of civil service as herein established. It may make recommendations with respect to employee training and safety. No rule, regulation, or practice of the Commission or Department or any official of the city shall favor or discriminate against any applicant or employee because of membership or non-membership in any private organization; but this shall not prohibit the City or any agency thereof from contracting with any employee organization with respect to wages, hours, grievances, working conditions, or other conditions of employment in a manner not inconsistent with this Charter, applicable state or municipal law, or valid rule or regulation of the Commission.

Section 8-104. Director's Functions.

The Director shall:

(1) Head the Department and, with the approval of the Commission, appoint such employees and other persons as may be necessary.

(2) Conduct competitive entrance and promotional examinations for appointments in the classified service limited to persons of good moral character.

(3) Give wide publicity to all announcements of competitive examinations.

(4) Prepare and recommend to the Commission appropriate rules and regulations.

(5) Prepare, and upon adoption by the Commission, install and maintain classification plans based on the authority, duties and responsibilities of positions in the classified service.

(6) Prepare and recommend pay plans for employees in the classified service.

(7) Establish and maintain a service record of all appointed officers and employees of the City.

(8) With the approval of the Commission, require an appointing authority to institute an employee training and safety program.

(9) Investigate the operation and effect of the personnel provisions of this Charter and rules and regulations promulgated thereunder, and report publicly his findings and recommendations to the Commission and to the Mayor.

(10) Examine the payrolls of every office, department or board from time to time, but not less than semi-annually, to ascertain if the persons who names appear thereon have been appointed and are being compensated in accordance with the provisions of this Charter.

(11) Perform such other functions as he the Director or the Commission may deem proper to enforce the provisions of this Article.

(12) Cooperate, when authorized by the Commission, with governmental agencies of other jurisdictions charged with personnel administration in conducting joint tests and establishing lists from which eligibles shall be certified for appointment and promotion in accordance with the provisions of this Article.

Section 8-105. The Classified and Unclassified Service.

The Civil Service of the City shall be divided into the unclassified and classified

service:. Persons not included in the unclassified service are in the classified service.

(1) The following shall be in the unclassified service:

(a) Officers elected by the people, and persons appointed to fill vacancies in elective offices.

(b) The Chief Administrative Officer, and all department heads except the Director of Personnel.

(c) One principal assistant or deputy and one stenographer person holding a confidential position for the Chief Administrative Officer, for each department head except the Department of Civil Service, for the Council, and for each elected officer, board ,authority, and commission established or recognized by this Charter.

(d) Employees in the office of the Mayor and City Attorney.

(e) Members of boards and advisory committees.

(f) Attorneys. Bona fide students of schools employed by municipal agencies.

(g) Railroad employees whose working conditions and retirement benefits are regulated by federal agencies in accordance with federal law.

(2) All other positions now existing or hereafter created shall be in the classified service. Additional positions may be added to the unclassified service and may be revoked by rules adopted by the Commission.

(3) The provisions and requirements of this Article as to methods of filling vacancies, establishment of promotional lists and employment lists, eligibility and original entrance competitive tests may be waived by the Commission in its discretion in whole or in part in case of original appointment for unskilled labor. Such laborers may be selected and appointed by the appointing authority under the rules and regulations of the Commission. Any such employee shall acquire permanent status in the classified service if such employee passes a satisfactory work test prescribed by the Director.

Section 8-106. Appointments and Promotions in Classified Service.

Permanent appointments and promotions in the classified service shall be made only after certification by the Department under a general system based upon merit, efficiency, and fitness and length of service as ascertained by examinations which, so far as practicable, shall be competitive, and all positions in the classified service shall be filled from those eligible under such certification.

Section 8-107. Adoption and Content of Rules and Regulations.

(1) Adoption. Within six months after the appointment of the first director under this Article, he shall prepare and recommend to the Commission rules and regulations to carry out the provisions of this Article. After a public hearing thereon, the Commission may adopt or reject the rules and regulations wholly or in part, or may modify them and adopt them as so modified. The Civil Service rules and regulations in effect on the day prior to the effective date of this Article shall remain in effect and be continued until amended or repealed by the Commission. The Commission shall have power to amend or repeal the rules and regulations on the recommendation of the Director or on its own initiative, subject to the requirement of a prior public hearing with respect to each such proposed modification.

(2) Content. The rules and regulations shall:

(a) Regulate employment, promotion, removal, qualifications and other personnel matters.

(b) Provide for the filling of vacancies in the classified service by demotion, transfer, reinstatement, reemployment, promotion, original appointment or temporary appointment.

(c) Provide for the establishment, maintenance, consolidation and cancellation of eligible lists and the removal of names therefrom.

(d) Regulate employment conditions.

(e) Establish requirements of desirable training, experience and other qualifications of applicants.

(f) Establish work test periods of not less than six nor more than twelve months before appointees acquire permanent status as classified employees.

(g) Contain uniform provisions covering the method and manner of conduction examinations; leaves of absence; layoffs; reinstatements; transfers; abolition of positions; promotions on a competitive basis, except where the Commission finds it impracticable; sick and annual leaves; hours of work; on the job training programs; and a uniform service rating system, including the manner in which ratings are to be used in promotions, salary increases, suspensions and separations.

(h) Fix the procedure and the time within which appeals must be taken and heard.

(i) Provide, in the discretion of the Commission, for compliance with standards established by any federal agency as a condition precedent to the receipt of federal funds.

(j) Establish the method of certification of eligibles for appointment or promotion; provided that appointing authorities shall be entitled to the certification of not less than three eligibles for each vacancy, except that if more than one vacancy is to be filled, an additional eligible shall be certified for each additional vacancy; and except that special and different rules and regulations may be established for reemployment lists and reinstatements; and establish emergency, provisional or conditional appointments, or appointments for a limited period where status in the classified service is not obtained and certification is not required.

(k) Provide the extent to which preference shall be given in appointments and promotions to persons domiciled in the City or residents of the City; to persons honorably discharged or discharged under honorable conditions from the armed forces; to the unremarried widows of such persons; and to disabled veterans or the their wives when the veterans are unable to work. Such preferences shall be given only to persons who have met the minimum requirements imposed for each test and have received at least the average rating required for eligibility.

(l) Define and prohibit political activities in addition to those specifically prohibited by this Article.

Section 8-108. Classification.

(1) The Director shall, with the approval of the Commission, allocate each position in the classified service to the appropriate class therein on the basis of authority, duties and responsibilities. Thereafter, as new positions are created or additional classes established, or existing classes are divided, combined, altered or abolished, the Director shall make proper allocations or reallocations of positions to new or existing classes.

(2) Class titles shall be used to designate positions in all official records, documents, vouchers and communications, and no person shall be appointed to or employed in a position in the classified service under any title which has not been approved by the Director.

(3) Any employee affected by the allocation or reallocation of a position, or by any changes in the classification plan, shall be afforded a reasonable opportunity to be heard by the Director and by appeal to the Commission.

Section 8-109. Promotions.

Vacancies in positions in the classified service of the City shall, as far as practicable, be filled by promotion after competitive tests from lower classes. A change from a position from one class to another with a higher maximum rate of pay shall be considered a promotion.

Section 8-110. Pay Plan.

Employees in the classified service may be compensated only in accordance with a pay plan recommended by the Commission and adopted by the Council. Such plan shall include minimum, maximum and intermediate rates steps for each class. Amendments to a pay plan may be adopted by the Council when recommended by the Commission. Any rule or determiniation of the Commission affecting wages or hours shall have the effect of law and become effective only after approval by the Council.

Section 8-111. Appeals.

(1) Any person aggrieved by action contrary to the provisions of this Article may appeal to the Commission for redress pursuant to its rules and regulations.

(2) In the conduct of investigations or hearings, any member of the Commission or the Director shall have the power to administer oaths, subpoena witnesses and compel the production of pertinent books and papers.

(3) If the Commission, after a hearing, orders a dismissed or suspended employee reinstated, it may reinstate such employee under such conditions as it deems proper, and may order full pay for lost time.

Section 8-112. Prohibitions.

(1) Prohibited Political Activities.

(a) Promotion, demotion or action on account of political or religious affiliation prohibited. No person shall be appointed or promoted to, or dismissed from any position in the classified service, or in any way favored or discriminated against with respect to his employment because of his political or religious opinions or affiliations.

(b) Payment of Political Contributions by Classified Employees Prohibited. No employee in the classified service and no member of the commission shall directly or indirectly pay or promise to pay any assessment, subscription or contribution for any political organization or purpose, or solicit or take any part in soliciting any such assessment, subscription or contribution. No appointing authority, or agent or deputy thereof, or supervisor of any employee shall solicit any such assessment, subscription or contribution of any employees in the classified service.

(c) Political Coercion by Appointing Authorities and Others Prohibited. No appointing authority, or agent or deputy thereof, or supervisor of any employee, shall directly or indirectly demote, suspend, discharged or otherwise discipline or threaten to demote, suspend, discharge or otherwise discipline any person in the classified service for the purpose of influencing his vote, support, or other political activity in any election or primary election; and no person shall use his official authority or influence, by threats, promises or other means, directly or indirectly, to punish or coerce the political action of any employee in the classified service.

(d) Membership in Political Organizations Prohibited. No employee in the classified service nor member of the Commission shall be a member of any national, state, or local committee of a political party, or a candidate for nomination or election to any public office, or shall make any political speech or public political statement as a part of any political campaign for election of public officers, or shall take any part in the management of affairs of any political party or in any political campaign, except to exercise his right as a citizen to express his opinion privately and to cast his vote. An employee in the classified service may be a member of a factional political club or organization, but shall not be an officer nor a member of a committee thereof. This shall not prohibit any classified employee from serving as a commissioner or official watcher, nor shall it prohibit him from serving out any term to which he has been elected prior to the effective date of this Charter.

(b) Party Membership; Election. No member of the commission and no officer or employee in the classifed service shall participate or engage in political activity; be a candidate for nomination or election to public office except to seek nomination as the classifed City employee serving on the City Civil Service Commission; be a member of any national, state, or local committee of a political party or faction; make or solicit contributions for any political party, faction, or candidate; or take active part in the management of the affairs of a political party, faction, candidate, or any political campaign, except to exercise the right as a citizen to express an opinion privately, to serve as a commissioner or official watcher at the polls, and to vote as desired.

(c) Contributions. No person shall solicit contributions for political purposes from any classified employee or official or use or attempt to use a position in the city service to punish or coerce the political action of a classified employee.

(d) Political Activity Defined. As used in this Article, "political activity" means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. The support of issues involving bonded indebtedness, tax referenda, or constitutional or City Charter amendments shall not be prohibited.

(2) Other Prohibited Activities.

(a) False Statements and Fraud Prohibited. No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this Article nor commit or attempt to commit any fraud preventing the impartial execution of this Article and of the rules and regulations adopted hereunder.

(b) Consideration for Advantage Prohibited. No persons shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other thing of value to obtain any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service.

(c) Elected officers prohibited from classified position. No person holding any elective public office shall hold a position in the classified service.

(d) Demotion or dismissal of employees. No classified employee of permanent status shall, except for cause, be disciplined, demoted or dismissed.

Section 8-113. Penalties.

(1) Any person who shall wilfully fail to appear in response to a subpoena or fail to answer any questions or fail to produce any books or papers pertinent to any investigation or hearing by the Commission shall be guilty of a misdemeanor.

(2) If any member of the Commission or any employee in the City service shall wilfully refuse or fail to appear before the Commission, or any officer authorized to conduct any hearing or inquiry, or having appeared shall refuse to testify or answer any question relating to the affairs or government of the City, or the conduct of any officer or employee of the City on the ground that his the testimony or answers would tend to incriminate him the party called to appear or testify, or shall refuse to waive immunity from prosecution on account of any matter about which he the party called to appear or testify may be asked to testify at any such hearing or inquiry, he the party shall forfeit his office or position and shall not be eligible thereafter for appointment to any position in the City service.

(3) If at a public hearing following written charges of the violation of any provision of this Article or any rules or regulations adopted thereunder, the Commission should determine that any employee has wilfully violated any provision of this Article, or of rules or regulations adopted thereunder, the Commission may direct the appointing authority to dismiss such employee and such employee shall be dismissed.

(4) Any person who wilfully violates any provision of this Article or of the rules or regulations issued thereunder shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment for a term of not less than one month nor for more than six months, or by both such fines and imprisonment.

(5) In addition to the penalties hereinabove provided, the Commission may render an order that any person who has violated any provision of this Article shall not be eligible for employment in the City service for a period not exceeding ten years.

Section 8-114. Appropriations.

The City shall make adequate annual appropriations to enable the civil service commission and department to implement this Article efficiently and effectively.

Chapter 1. Boards and Commissions in General

Chapter 2. Amendments to the Charter

Chapter 3. Miscellaneous Provisions

Chapter 4. Office of Inspector General; Ethics

Section 9-101. Definition of Board.

Section 9-102. Organization

Section 9-103. Power of Delegation

Section 9-104. Appointment and Removal of Board Members

Section 9-105. Vacancies

Section 9-106. Prohibited Activities of Board Members

Section 9-107. Quorum

Section 9-101. Definition of Board.

The term "board" as used in this Charter shall be construed as applying to boards, commissions, authorities and other public bodies except the Council.

Section 9-102. Organization.

(1) Except as otherwise provided by applicable Sstate or municipal law, the terms of all appointments made to boards shall expire on June 30th of the year of such expiration.

(2) Annually at the first meeting on or after July 1st each year, each board shall elect from its members a chairman, a vice-chairman, and may appoint a secretary, and such other officers as it shall deem necessary and proper, all of whom shall serve until June 30th of the following year or until their successors have been elected and qualified ,except as otherwise provided by applicable state or municipal law .

(3) Officers of boards may be removed from their offices by an affirmative vote of a majority of the members of the board at any regular meeting, or at a special meeting if the call for such meeting shall have stated the removal as one of the purposes thereof.

(4) Members of boards shall serve without compensation but may receive reimbursement for expenses incurred in the conduct of the official business of the board.

(5) Each board shall set forth in its rules the time, date, and place of its regular meetings.

(6) The secretary of each board shall keep a minutes of its transactions which shall at all times be available for public inspection.

Section 9-103. Power of Delegation.

Boards may delegate powers of appointment, determination of compensation, discipline or removal to their executive officers; provided, that all personnel actions so delegated shall be reported promptly to the board and such actions shall become null unless approved by the board within sixty days of the date of the action.

Section 9-104. Appointment and Removal of Board Members.

(1) If the appointment of a board member requires approval of the Council, such approval shall be granted only by the affirmative vote of a majority of all members of the Council.

(2) A member of a board may be removed by the appointing authority which appointed him, provided that such removal shall be only for reasonable cause set forth in writing. Any member so removed shall have reasonable opportunity to be heard publicly before the Council, and in such event the removal shall be effective only if approved by a majority of the Council.

(3) A board member for whose office there exists residence or domicile requirements shall forfeit his the office immediately upon the removal of his residence or domicile in a manner that would render him the board member no longer qualified for appointment to the office which he holds held.

Section 9-105. Vacancies.

A vacancy on a board shall be filled in the same manner as the member was originally appointed, provided that appointment to fill a vacancy shall be only for the unexpired term.

Section 9-106. Prohibited Activities of Board Members.

(1) No member or officer of a board shall borrow money or receive anything of value from any contractor doing business with the board under the penalty of dismissal from the board. No member, officer, or employee of any board shall have any interest in any contract let by the board. Any member of any board who is a director or stockholder in any corporation, or who is an agent or attorney for any person who is financially interested in any subject before the board, shall reveal such interest to the board and shall not discuss or vote on the subject at any meeting of the board or any of its committees.

(2) Any member of a board who shall qualify as a candidate for any public elective office or who shall accept an appointive office or position of public employment for which compensation is paid, by the City of New Orleans shall forfeit his membership on the board.

The provisions of this paragraph shall not apply to ex officio board members nor to any board member who serves in such capacity by virture of an elective office in city government.

Section 9-107. Quorum.

A majority of the existing membership of a board shall constitute a quorum. All actions taken by boards shall require the affirmative vote of the majority of the existing members thereof, provided that regulations may be adopted only upon the affirmative vote of two-thirds of the existing members thereof. The Mayor or, in the Mayor's absence, the Chief Administrative Officer shall not be counted as a part of the existing membership of a board under this section, but if present, may be counted to establish a quorum or required vote.

Section 9-201. Method of Amendment

Section 9-202. Calling of an Election

Section 9-203. Results of Election

Section 9-201. Method of Amendment.

(1) Except as provided in subparagraph 2 of this section, this This Charter may be amended or replaced only by the affirmative vote of a majority of the qualified electors of the City voting upon such amendments or proposed Charters. Proposals to amend or replace this Charter by the affirmative vote of a majority of the qualified electors of the City voting thereon may originate only in the following manner:

(a) By ordinance of the Council.

(b) By petition of not less than ten percent or ten thousand, whichever is fewer, of the duly qualified registered voters of the City filed with the Council, setting forth the proposed amendments or substitute home rule Charter.

This method of amendment shall apply to the entirety or any portion of this Charter.

(2) Except for the sections pertaining to the Mayor, the Chief Administrative Office, and the Departments of Law, Police, Fire, Finance, and City Civil Service, amendments to Article IV of this Charter to rename or reassign powers or functions of departments or boards or to consolidate, subdivide, reorganize, or abolish departments or boards may be initiated by an executive order of the Mayor, which shall be published once in the official journal and submitted to the Council on or before the date of such publication for public review and comment. The Council shall hold a public hearing on the proposed amendment. The Council shall not alter the terms of the proposed amendment, but may vote to approve or disapprove the measure. If approved by a majority vote of the entire membership of the Council, the amendment shall become legally effective upon certification by the Clerk of the Council or at a later date if so specified in the executive order. If disapproved by a majority vote of the entire membership of the Council, the amendment shall not become legally effective. If the Council neither approves nor disapproves within sixty days of the date of publication of the executive order, the amendment shall become legally effective upon the expiration of such sixty days or at a later date if so specified in the executive order. Any amendment thus adopted shall be published promptly after its adoption in the official journal, and duly authenticated copies of the amendment shall be filed promptly by the City Attorney in the offices of the Secretary of State, the Recorder of Mortgages, and the Clerk of Council. This method of amendment may not be utilized during the last year of a term in office for the Mayor and members of the City Council.

Section 9-202. Calling of an Election.

(1) Any ordinance of the Council providing an for amendment to of the Charter or a substitute charter shall provide that the ordinance shall be submitted to the electors of the City at the next primary or general election for members of Congress, Mayor of New Orleans, or Governor of Louisiana to be held in the City, provided that the date of such election is not less than ninety days after the effective date of such ordinance, or if the public interest so requires, at a special election called for that purpose, the date of which shall be fixed at not less than ninety days after the effective date of such ordinance.

(2) Within sixty days of the receipt of a petition proposing an amendment to the Charter or a substitute charter, the Council shall provide by ordinance that the proposed amendment or substitute charter shall be published at length in the official journal not less than sixty days prior to the election, and shall be submitted to the electors of the City at the next Congressional election first available election for members of Congress, Mayor of New Orleans, or Governor of Louisiana, if the date of such election is not less than ninety days after the effective date of such ordinance, or when the petition so demands, at a special election called for the purpose, the date of which shall be fixed at held on the first available election date not less than ninety nor more than one hundred twenty days after the effective date of such ordinance.

Section 9-203. Results of Election.

(1) Any amendment to the Charter or substitute charter approved by a majority of the electors of the City voting on same shall become effective at the time and under the conditions fixed in such amendment or substitute charter, but not until duly authenticated copies thereof have been filed by the Mayor City Attorney within thirty days after said election in the offices of the Secretary of State and Recorder of Mortgages for the Parish of Orleans, provided that no substitute charter or amendment abolishing any elective office, reducing the remuneration, or shortening the term thereof, shall become effective until after the expiration of the current term of the incumbent officials elected to such office.

(2) The City Attorney shall file authenticated copies of approved Charter amendments as required herein within thirty days after the election at which the amendments were approved or within the time period required by applicable state or municipal law if such time period is less than thirty days. The City Attorney shall also cause to be published in the official journal the full text of any amendment approved pursuant to the provisions of this Charter.

Section 9-301. Title to Property

Section 9-302. Leases and Concessions

Section 9-303. Facsimile Signatures

Section 9-304. Annual Reports

Section 9-305. Reconstitution of Government in Event of Disaster

Section 9-306. Penalties for Violations

Section 9-307. General and Specific Provisions

Section 9-308. Officials to Serve Until Successors are Elected

Section 9-309. Prohibited Activities of Officers and Employees

Section 9-309.1 310. Limitation on Number of Casinos

Section 9-310 311. Retention of Rights

Section 9-311 312. Severability Clause

Section 9-312 313. Rejection of Bids

Section 9-314. Cooperative Endeavors

Section 9-301. Title to Property.

(1) All public property held by the City of New Orleans or by any officer, department or board of the City of New Orleans at the effective date of this charter or by any association or corporation performing municipal functions or recieving an appropriation from the general fund at the effective date of this charter shall be property of the City.

(2) Title to all property acquired under this Charter by any officer, department or board shall be vested in the City.

Section 9-302. Leases and Concessions.

No lease or concession shall be granted to any corporation in which one or more City officers, employees, or board members hold or control the majority financial interest.

Section 9-303. Facsimile Signatures.

Whenever any person is required to sign negotiable instruments or multiple bonds, the signature may be a facsimile.

Section 9-304. Annual Reports.

(1) Not later than sixty days after the close of the fiscal year, each office, department or board shall make an annual written report of its activities to the Chief Administrative Officer in such form and under such rules as he may be prescribed by the Chief Administrative Officer.

(2) Not later than one hundred twenty days after the close of the fiscal year, the Chief Administrative Officer shall make an annual written report to the Mayor concerning the activities of all offices, departments and boards, and the Mayor shall then transmit a copy thereof to the Council.

(3) A copy of all annual reports required under this Section shall be filed in the archives of the City.

Section 9-305. Reconstitution of Government in Event of Disaster.

In case of public disaster resulting in the death or disability of the Mayor or the majority of the Council, the remaining members of the Council shall successively appoint a sufficient number of additional members to fill the vacancies therein which have been created. Such appointees shall to the extent practicable possess the qualifications required for original membership on the Council. The Council so constituted shall proceed to elect one of its members as Mayor if that office is vacant. The Council shall then fill the vacancy created by such election.

Section 9-306. Penalties for Violations.

(1) The Council shall by ordinance provide for punishment of penalties for willful violation of any provisions of this Charter and may provide for penalties of for violations of its ordinances, rules and regulations. The Council shall have authority to provide for imposition of the maximum fines and terms of imprisonment allowed by law for such violations. which in no event shall exceed the maximum fines or terms of imprisonment, or both, which may be imposed by the Municipal Court of New Orleans, as provided by applicable State Law. The Council may further provide that in default of the payment of the fine the violator shall be sentenced to serve a term in jail for a term not to exceed an additional thirty (30) days. The Council may provide that in the event of violation of safety ordinances or regulations, each day's offense shall constitute a separate offense, and may provide for penalties to be imposed separately for each day of such offense.

(2) Penalties imposed by the Council for traffic violations shall not exceed the maximum fines or terms of imprisonment, or both, which may be imposed by the Traffic Court of New Orleans as provided by applicable State Law or in the absence of applicable State Law, not in excess of the fines or terms of imprisonment, or both, which may be imposed by the Municipal Court of New Orleans. The Council may further provide that in default of the payment of the fine the violator shall be sentenced to serve a term in jail for a term not to exceed an additional thirty (30) days.

(2) The Council may by ordinance and in accordance with applicable state or municipal law provide for procedures, rules, or orders to facilitate enforcement of the provisions of this Charter, ordinances, rules or regulations or to complement the penalties established for violations of this Charter, ordinances, rules or regulations of the City of New Orleans.

Section 9-307. General and Specific Provisions.

To the extent that any specific provision contained in this Charter conflicts with any general provision, the specific provision shall prevail.

Section 9-308. Officials to Serve Until Successors are Elected.

Each elected official and each appointed official of the City shall serve until his a successor has been elected or appointed and qualified.

Section 9-309. Prohibited Activities of Officers and Employees.

No officer or employee of the City shall have a financial interest in any contract with the City. For the purposes of this section, "contract" shall mean a remunerative contract to provide goods or services to the City or for public work and shall not include a contract with the City which a city officer or employee is required to execute in order to receive state or federally funded grants, loans, or other public assistance, nor shall it include an incentive, benefit, or compensation approved by the Civil Service Commission.

Section 9-309.1 310. Limitation on Number of Casinos.

If authorized by law, permits may be issued by the City of New Orleans for the establishment of gambling casinos; provided that, unless it is otherwise provided by applicable and preemptive State law, no more than one land based gambling casino shall be permitted in the City of New Orleans. The casino shall be permitted only on land owned by the City of New Orleans in the area generally bounded by Poydras Street, Tchoupitoulas Street, Canal Street, and Convention Center Boulevard, known as the Rivergate site.

Section 9-310 311. Retention of Rights.

All remedies, processes, privileges, preferences and immunities enjoyed by the City of New Orleans prior to the effective date of this Charter under the Constitution and statutes of this State for the protection, enforcement and collection of taxes, special assessments, and other rights, shall continue to be available to the City.

Section 9-311 312. Severability Clause.

If any part of this Charter is for any reason declared unconstitutional or invalid, the other separable parts hereof shall not be affected thereby.

Section 9-312 313. Rejection of Bids.

In all sales or purchases of property the City may reserve the right to reject all bids.

Section 9-314. Cooperative Endeavors.

(1) The City of New Orleans may enter into cooperative endeavors with the state or its political subdivisions or political corporations, with the United States or its agencies, or with any public or private association, corporation, or individual with regard to the procurement and development of immovable property, joint planning and implementation of public works, joint use of facilities, joint research and program implementation activities, joint funding initiatives, and other similar activities in support of public education, community development, housing rehabilitation, economic growth, and other public purposes.

(2) In order to further these objectives, each department and board of City government shall prepare within sixty days following the first day of each calendar year a report to the Mayor regarding opportunities for coordination between the department or board and other entities as previously enumerated in this section. Within thirty days following the receipt of such reports, the Mayor shall direct such departments or boards as the Mayor deems appropriate to initiate discussions with certain specified entities relative to cooperative endeavor agreements. Each department or board so directed shall within sixty days thereafter report to the Mayor on the status of discussions regarding cooperative endeavor agreements. Copies of the Mayor's directives to initiate discussions and copies of the status reports from the departments or boards shall be provided to all members of the City Council and to the City Council Chief of Staff.

(3) The Mayor and an authorized official of the other entity or entities shall sign each cooperative endeavor agreement thus negotiated. Any proposed cooperative endeavor agreement having a term greater than one year shall, prior to its execution by the Mayor, be published once in the official journal and submitted to the Council for approval, but not modification, by a majority of its entire membership.

Section 9-401. Office of Inspector General

Section 9-402. Ethics

Section 9-401. Office of Inspector General.

The Council may by ordinance create an office of Inspector General and otherwise provide with respect thereto.

Section 9-402. Ethics.

(1) Prior to July 1, 1996, the Council shall by ordinance establish an Ethics Review Board and shall authorize it to enforce the provisions of the Code of Ethics. Six members of the Board, all of whom are domiciled in and electors of the City, shall be appointed by the Mayor from lists of three nominees each submitted by the presidents or chancellors of the public and private universities located within the City of New Orleans, and one additional member shall be appointed by the Mayor, all appointments subject to approval by a majority of the members of the City Council. No member of the Ethics Review Board may hold any elective or appointed position with the City nor any other government or political party office. A vacancy on the Board shall be filled in the same manner as the original appointment. A member of the Board may be removed by the Mayor only for cause in accordance with the procedures established in Section 9-104 of the Charter and by the Council in accordance with the procedures and for the reasons established in Section 3-125 of this Charter. The City Council shall authorize the Ethics Review Board to establish additional recommendations for the Code of Ethics, to issue advisory opinions, to promulgate rules regarding the interpretation and enforcement of the Code of Ethics, to refer cases for investigation on referral or complaint, to retain counsel, and to impose fines.

(2) Prior to December 31, 1996, the City Council, upon recommendation from the Ethics Review Board, shall by ordinance establish ethical rules governing the conduct of City employees, elected officials, contractors, and other persons who are the recipients of public funds, who are engaged in the performance of a governmental function, or who are in a position to influence the conduct of City employees or officials. The Code of Ethics shall incorporate by reference and adopt the provisions of the Louisiana Code of Governmental Ethics and shall provide for such other, more stringent provisions as the Council may deem appropriate. The Code of Ethics shall prohibit the Ethics Review Board from hearing any alleged violation that constitutes a violation of the State Code of Governmental Ethics if the Ethics Review Board ascertains that the entity designated by the State to enforce said State Code has considered or is considering the alleged violation.

(3) Once adopted, the ordinances referenced in this section may be amended only by an ordinance receiving a two-thirds favorable vote of the entire membership of the Council.

Section 10-101. Purpose of Article

Section 10-102. Agencies Abolished

Section 10-103. Ordinances, Resolutions and Motions

Section 10-104. Inconsistent Provisions of Ordinances and Laws

Section 10-105. Lawful Obligations of the City

Section 10-106. Pending Proceedings

Section 10-107. Effect of Ordinances

Section 10-108. Previous Charters and Laws Superseded

Section 10-109. Gender of Words

Section 10-110. Sectional Headings

Section 10-111. Records and Equipment

Section 10-112. Assignment of Employees

Section 10-113. Status of Present Employees

Section 10-114. Retirement Rights

Section 10-115. Implementation of this Charter

Section 10-116. Effective Dates

Section 10-117. Wards

Section 10-118. Municipal Districts

Section 10-119. Status of Employees at Effective Date of Article VIII

Section 10-120. Application of Laws

Section 10-121. Transitional Provisions

Section 10-101. Purpose of Article.

The purpose of this Article is to carry this Charter into complete operation, and to insure that no inconvenience may arise from the adoption thereof.

Section 10-102. Agencies Abolished.

(1) All officers, departments, boards, commissions and committees, including all bureaus, divisions, sections, units or other organizational units heretofore performing functions in The City of New Orleans are hereby abolished, except those required to be continued by provisions of the Constitution, general laws, contracts and donations, and all such shall continue to exist only for such time as may be required by any such provision.

(2) The New Orleans Railroad Terminal Board shall have the duties and powers assigned to it by ordinances and contracts of the City, and shall be continued until its obligations have been completely discharged. The Board shall have the right to employ its own counsel.

(3) Whenever, under the provisions of this Charter, a department, board, or agency is eliminated by merger or otherwise, references herein to said department, board, or agency shall be construed to refer to the department, board, or agency that assumes the respective duties or functions previously performed by the department, board, or agency which has been eliminated.

Section 10-103. Ordinances, Resolutions and Motions.

All ordinances, resolutions and motions of the City of New Orleans and all orders, rules and regulations made by any officer, department, board or other unit thereof, not inconsistent with this Charter shall remain in full force and effect until altered or repealed by the proper authority, or until they expire by their own limitation.

Section 10-104. Inconsistent Provisions of Ordinances and Laws.

The provisions of all ordinances and other laws, which are inconsistent with this Charter shall be superseded by the provisions of this Charter at its effective date, except that ordinances that are inconsistent with those provisions of this Charter that require action by the Council to make them effective shall remain in full force until such action is had.

Section 10-105. Lawful Obligations of the City.

All lawful obligations of The City of New Orleans existing on the effective date of this Charter and all fines, taxes, penalties, forfeitures, obligations and rights, due, owing or accruing to the City of New Orleans, and all writs, prosecutions, actions and proceedings by or against The City of New Orleans shall continue and remain unaffected by the adoption of this Charter. All prosecutions instituted prior to the effective date of this Charter and all offenses committed prior thereto, may be prosecuted as theretofore.

Section 10-106. Pending Proceedings.

All petitions, hearings and other proceedings pending before any officer, department, board or other unit abolished by this Charter, and all investigations begun by such officer, department, board or other unit and not completed at the effective date of this Charter, may be completed by such officer, department, board or other unit as may be designated by the Mayor.

Section 10-107. Effect of Ordinances.

(1) All ordinances of the City of New Orleans in force at the effective date of this Charter affecting, concerning or relating to any official, board, or public body of The City of New Orleans, the title, power, functions or duties of which are changed by this Charter shall, when not inconsistent with any of the provisions hereof, be construed as referring and applying to the official, board, or public body in which like powers are vested by this Charter.

(2) All rights, powers, functions and duties vested in any officer of The City of New Orleans or any person or body acting for it, shall be vested in and exercised by the officer, person or body to whom or to which similar rights, powers, functions and duties are assigned by this Charter.

(3) References in any law or ordinance to officers of the City as heretofore constituted shall be construed to apply to such officer or person in the City government as organized under this Charter corresponding nearest to the officer referred to in such law or ordinance; and, in the event no such person or officer is provided for under this Charter, then the Council shall select an officer or person in the City government to serve in lieu of such other officer with like powers and effects.

Section 10-108. Previous Charters and Laws Superseded.

This Charter shall supersede all previous charters and all amendments thereto, except as herein otherwise provided.

Section 10-109. Gender of Words.

Whenever in this Charter a word is used with reference to a natural person, denoting the masculine person's gender, it shall apply to both sexes, unless otherwise expressly provided.

Section 10-110. Sectional Headings.

No title or subtitle, heading or subheading or marginal note, printed in or with this Charter, shall be considered or construed to be part of this Charter, but ; they have been inserted only for convenience in reference.

Section 10-111. Records and Equipment.

All books, papers, maps, charts, plans, and other equipment appertaining to any office, department, board or other unit of The City of New Orleans abolished by this Charter, shall be

delivered to the head of the office, department, board or other unit of the City to which they rightfully appertain.

Section 10-112. Assignment of Employees.

All employees of The City of New Orleans shall, at the effective date of this Charter, be temporarily assigned by the Mayor or by the Chief Administrative Officer to the proper office, department or board until permanently reassigned or dismissed.

Section 10-113. Status of Present Employees.

(1) Permanent employees in the classified service at the effective date of this Charter, shall be continued in their respective classifications without further examination, until lawfully separated therefrom.

(2) Employees of the City in the unclassified service whose positions may become classified shall be continued in their positions pending compliance with the City Civil Service law, rules and regulations.

Section 10-114. Retirement Rights.

No pension or retirement rights shall be affected by the adoption of this Charter, and services of employees shall be deemed continuous.

Section 10-115. Implementation of this Charter.

(1) The Council shall as promptly as possible pass any ordinances which may be necessary to carry into effect the provisions of this Charter.

(2) To facilitate the transition to a cash basis of estimating and budgeting, the Council may estimate and budget $1,500,000 in accrued receipts for 1955, $1,000,000 in accrued receipts for 1956, and $500,000 in accrued receipts for 1957. Any estimated accrued receipts included in the budget of revenues of each of these years shall be deducted from the estimate of cash receipts for the next succeeding year. The provisions of this Charter requiring receipts of the General Fund of the City of New Orleans shall be estimated only upon the basis of the cash to be received therefrom within the fiscal year that shall become fully effective on January 1, 1958.

Section 10-116. Effective Dates.

(1) The reorganization of the form of government affected effected by this Charter shall occur on May 1, 1954, and the first officials elected pursuant to this Charter shall take office on that date.

(2) The provisions of this Charter relating to the qualification of candidates for official positions and for the conducting of elections shall become effective on July 1, 1953.

Section 10-117. Wards.

The wards of The City of New Orleans shall remain as wards of the City until lawfully changed.

Section 10-118. Municipal Districts.

The municipal districts of the City of New Orleans shall remain as municipal districts of the City until lawfully changed.

Section 10-119. Status of Employees at Effective Date of Article VIII.

(1) Permanent employees in the classified service at the effective date of Article VIII of this Charter, shall be continued in their respective classifications without further examinations, until lawfully separated therefrom.

(2) Employees of the City and employees of any other governmental agency who become classified employees of the City at or after the effective date of Article VIII of this Charter and who were not appointed after civil service test and certification, shall be continued in their respective positions provided that within one year after having become classified employees they shall pass a qualifying test prescribed by the Department of Civil Service. Those who fail to so qualify shall be dismissed from their positions within thirty days after the establishment of an eligibility list for their respective positions. Nothing herein shall preclude the reclassification or reallocation as provided by the civil service rules and regulations of any position held by any such employee.

Section 10-120. Application of Laws.

As used in this Charter, the terms "by law" and "municipal law" are defined as follows:

(1) "by law" means by applicable federal, state, or municipal law; and,

(2) "municipal law" means this Charter or ordinances adopted pursuant to this Charter.

Section 10-121. Transitional Provisions.

Amendments to this Charter approved at an election held on November 18, 1995 shall become effective on January 1, 1996.

PREAMBLE 1

Section 1-101. Incorporation 2

Section 1-102. Form of Government 2

Section 1-103. Boundaries of the City 2

Section 2-101. Powers 5

Section 2-201. Preamble to the Bill of Rights 6

Section 2-202. Bill of Rights 6

Section 3-101. Legislative Powers 9

Section 3-102. Number and Terms of Councilmen Councilmembers. 10

Section 3-103. Councilmanic Districts. 10

Section 3-104. Qualifications of Councilmen Councilmembers. 11

Section 3-105. Election of Councilmen Councilmembers 12

Section 3-105.1 Limitation on Election of Councilmen. 13

Section 3-106. Salaries and Removal of Councilman Councilmembers 13

Section 3-107. Organization of the Council; Officers; Rules; Employees 15

Section 3-108. Council Meetings to be Public 16

Section 3-109. Applicability of Certain General Provisions 16

Section 3-110. Mayor May Appear Before Council 16

Section 3-111. Legislation by Ordinance 16

Section 3-112. Introduction, Consideration, and Passage of Ordinances. 17

Section 3-113. Submission of Ordinances to the Mayor 18

Section 3-114. Codification of Ordinances 19

Section 3-115. Consideration and Adoption of the Annual Operating Budget

Ordinance 20

Section 3-116. Budget of Revenues 21

Section 3-117. The Capital Program and Capital Budget. 22

Section 3-118. Adoption of Pay Plans 22

Section 3-119. Creation of General Debt 23

Section 3-120. Creation of Special Assessment Debt 23

Section 3-121. Anticipation of Revenues 23

Section 3-122. Official Journal 24

Section 3-123. Publication of Ordinances and Official Acts 24

Section 3-124. Investigations 24

Section 3-125. Removal of Unclassified Appointees 25

Section 3-126. Temporary Prohibitions 25

Section 3-127. Creation of Advisory Committees 26

Section 4-1602. 3-128. Granting of Franchises 26

Section 4-1603. 3-129. Terms 27

Section 4-1604. 3-130. Establishment of Rates 27

Section 4-1606. 3-131. Temporary Special Permits 30

Section 4-101. Executive Powers 32

Section 4-102. Organization 32

Section 4-103. Other Administrative Agencies Prohibited 34

Section 4-104. Creation of Advisory Committees 34

Section 4-105. Assignment of Activities 35

Section 4-106. Appointment and Removal of Department Heads 35

Section 4-107. Powers and Duties of Officers and Department Heads 35

Section 4-108. Powers and Duties of Boards and Commissions 36

Section 4-109. Public Benefit Corporations 36

Section 4-201. Election and Term 37

Section 4-202. Qualifications 37

Section 4-203. Compensation 37

Section 4-204. Vacancy in Office 38

Section 4-205. Suspension and Removal 39

Section 4-206. Powers and Duties 40

Section 4-207. Office 42

Section 4-208. The Chief Administrative Officer 42

Section 4-301. The Administrative Office 43

Section 4-302. Duties of the Chief Administrative Officer 43

Section 4-401. Functions 45

Section 4-402. City Attorney and Legal Staff 45

Section 4-403. Special Counsel 46

Section 4-404. Notaries 46

Section 4-405. Service of Legal Processes 47

Section 4-501. Functions 48

Section 4-502. Emergency and Special Police 49

Section 4-503. Other Police Prohibited 49

Section 4-601. Functions 50

Section 4-602. Police and Emergency Authority 50

Section 4-701. Definition 51

Section 4-702. Functions 51

Section 4-703. Improvement of Housing Accommodations 52

Section 4-704. Board of Zoning Adjustments 52

Section 4-705 3. Board of Building Standards and Appeals 53

Section 4-706 4. Examining and Licensing Boards 53

Section 4-801. Function. Functions 54

Section 4-802. Coordination with the Department of Health 54

Section 4-901. Functions 55

Section 4-902. Improvements by Contract 56

Section 4-1001. Functions 57

Section 4-1002. Other Recreational Facilities 57

Section 4-1101. Composition 58

Section 4-1102. Functions 58

Section 4-1201. Composition 59

Section 4-1202. Functions 59

Section 4-1203. Powers 60

Section 4-1204. Health Officer. 60

Section 4-1301. Functions 61

Section 4-1302. Organization 63

Section 4-1303 2. Disposition of Disputed Claims 63

Section 4-1304 3. Board of Trustees of the Firemen's Pension and Relief Fund 63

Section 4-1305 4. Board of Trustees of the Police Pension Fund 63

Section 4-1306 5. Board of Trustees of the Municipal Employees'Retirement

System 63

Section 4-1401. Functions 65

Section 4-1402. The Board of Managers of the Isaac Delgado Central Trades

School 66

Section 4-1403 2. Delgado Albania Plantation Commission 66

Section 4-1501. Composition 67

Section 4-1502. Purpose of Department 67

Section 4-1503. Functions 67

Section 4-1504. Prohibitions 67

Section 4-1505. Duration 68

Section 4-1601. Functions 69

Section 4-1602. Granting of Franchises 70

Section 4-1603. Terms 70

Section 4-1604. Establishment of Rates 71

Section 4-1605 2. Inspections and Reports 72

Section 4-1606. Temporary Permits 72

Section 5-902 4-1701. Functions 74

Section 5-401 4-1801. Composition 75

Section 5-402 4-1802. Powers 75

Section 5-403 4-1803. Limitations 76

Section 5-404 4-1804. Standard of Performance 76

Section 5-405 4-1805. Lease and Sale of Property 77

Section 5-406 4-1806. Preservation of Existing Trusts 77

Section 4-1901. Composition 78

Section 4-1902. Functions 78

Section 4-2001. Composition 79

Section 4-2002. Functions 79

Section 5-1101 4-2101. Composition 80

Section 5-1102 4-2102. Functions 80

Section 5-101. Composition 82

Section 5-102. Functions. 82

Section 5-201. Composition 83

Section 5-202. Functions 83

Section 5-301. Organization 84

Section 5-302. Functions 84

Section 5-401. Composition 85

Section 5-402. Powers 85

Section 5-403. Limitations 86

Section 5-404. Standard of Performance 86

Section 5-405. Lease and Sale of Property 86

Section 5-406. Preservation of Existing Trusts 86

Section 5-501 401. Creation and Composition 87

Section 5-502 402. Functions 87

Section 5-503 403. Director and Staff 88

Section 5-504 404. Master Plan and Subdivision Regulations 89

Section 5-505 405. Planned Street Lines and the Official Map 89

Section 5-506 406. Zoning Ordinance 90

Section 5-507 407. Public Notice and Public Hearing 91

Section 5-508 408. Approval of the Commission 91

Section 4-704 5-409. Board of Zoning Adjustments 91

Section 5-410. Other Functions 92

Section 5-601 501. Composition 93

Section 5-602 502. Functions 93

Section 5-603 503. Librarian 93

Section 6-701 601. Composition 94

Section 5-702 602. Functions 94

Section 5-703 603. Aviation Director 94

Section 5-801 701. Composition 95

Section 5-802 702. Functions 95

Section 5-803 703. Enforcement 95

Section 5-901. Composition 96

Section 5-902. Functions 96

Section 5-801. Audubon Commission 97

Section 5-802. Powers, Duties, and Functions 97

Section 5-803. Administration 97

Section 5-1001 901. Composition 99

Section 5-1002 902. Functions 99

Section 100-1101. Composition 100

Section 100-1102. Functions 100

Section 6-101. Revenue Estimating Conference 102

Section 6-101 102. Preparation of the Annual Operating Budget 103

Section 6-102 3. Administration and Enforcement of the Budget Operating Budget Ordinance 104

Section 6-103 4. Preparation of the Capital Program and Capital Budget 105

Section 6-104 5. Administration and Enforcement of the Capital Budget

Ordinance 106

Section 6-105 6. Fiscal Year 106

Section 6-106 7. Encumbrance Defined 107

Section 6-107 8. Independent Audit 107

Section 6-201. Operating Funds 108

Section 6-202. Pension and Retirement Funds 109

Section 6-203. Debt Service Funds 110

Section 6-204. Capital Projects Funds 110

Section 6-205. Nonexpendable Trust Funds 110

Section 6-206. Expendable Trust Proceeds Funds 111

Section 6-207. Clearing or Suspense Funds 111

Section 6-208. Revolving Funds 111

Section 6-209. Petty Cash Funds 112

Section 6-210. Agency Funds 112

Section 6-211. Escrow Funds 112

Section 6-212. Deposit Funds 113

Section 6-213. Reserve Funds 113

Section 6-214. Change Funds 113

Section 6-215 207. Other Funds 113

Section 6-216 208. Deposit of Funds 114

Section 6-217. Fund Defined 114

Section 6-301. Procurement of Movable Property 115

Section 6-302. Procurement of Immovable Property 116

Section 6-303. Insurance 116

Section 6-304. Surety Bonds 117

Section 6-305. Disposition of Movable Property 117

Section 6-306. Disposition of Immovable Property 117

Section 6-306.1 307. New Orleans Municipal Trust Fund 118

Section 6-307 308. Contracts 119

Section 7-101. The Improvements of Streets 121

Section 7-102. Cost 121

Section 7-103. Retention of Existing Rights 121

Section 8-101. Effective Date of This Article. 123

Section 8-102. Department of Civil Service 123

Section 8-103. Civil Service Commission 124

Section 8-104. Director's Functions 126

Section 8-105. The Classified and Unclassified Service 127

Section 8-106. Appointments and Promotions in Classified Service 128

Section 8-107. Adoption and Content of Rules and Regulations 128

Section 8-108. Classification 130

Section 8-109. Promotions 130

Section 8-110. Pay Plan 130

Section 8-111. Appeals 130

Section 8-112. Prohibitions 131

Section 8-113. Penalties 133

Section 8-114. Appropriations 133

Section 9-101. Definition of Board 135

Section 9-102. Organization 135

Section 9-103. Power of Delegation 136

Section 9-104. Appointment and Removal of Board Members 136

Section 9-105. Vacancies 136

Section 9-106. Prohibited Activities of Board Members 136

Section 9-107. Quorum 137

Section 9-201. Method of Amendment 138

Section 9-202. Calling of an Election 139

Section 9-203. Results of Election 139

Section 9-301. Title to Property 140

Section 9-302. Leases and Concessions 141

Section 9-303. Facsimile Signatures 141

Section 9-304. Annual Reports 141

Section 9-305. Reconstitution of Government in Event of Disaster 141

Section 9-306. Penalties for Violations 141

Section 9-307. General and Specific Provisions 142

Section 9-308. Officials to Serve Until Successors are Elected 142

Section 9-309. Prohibited Activities of Officers and Employees 142

Section 9-309.1 310. Limitation on Number of Casinos 142

Section 9-310 311. Retention of Rights 143

Section 9-311 312. Severability Clause 143

Section 9-312 313. Rejection of Bids 143

Section 9-314. Cooperative Endeavors 143

Section 9-401. Office of Inspector General 144

Section 9-402. Ethics 144

Section 10-101. Purpose of Article. 145

Section 10-102. Agencies Abolished 146

Section 10-103. Ordinances, Resolutions and Motions 146

Section 10-104. Inconsistent Provisions of Ordinances and Laws 146

Section 10-105. Lawful Obligations of the City 146

Section 10-106. Pending Proceedings 146

Section 10-107. Effect of Ordinances 147

Section 10-108. Previous Charters and Laws Superseded 147

Section 10-109. Gender of Words 147

Section 10-110. Sectional Headings 147

Section 10-111. Records and Equipment 147

Section 10-112. Assignment of Employees 148

Section 10-113. Status of Present Employees 148

Section 10-114. Retirement Rights 148

Section 10-115. Implementation of this Charter 148

Section 10-116. Effective Dates 148

Section 10-117. Wards 149

Section 10-118. Municipal Districts 149

Section 10-119. Status of Employees at Effective Date of Article VIII 149

Section 10-120. Application of Laws 149

Section 10-121. Transitional Provisions 149