00-0219
Summary Information Not Available
Cite as La. Att'y Gen. Op. No. 00-0219
Kimberly Wooten
OPINION NUMBER 2000-219
Page - 1 -
June 9, 2000
OPINION NUMBER 2000-219
Kimberly Wooten
Deputy Executive Counsel
Office of the Governor
P. O. Box 94004
Baton Rouge, LA 70804-9004
Dear Ms. Wooten:
We are in receipt of your request for an Attorney General’s opinion regarding a
petition proposing the incorporation of the Village of Creola as a municipality of
the Parish of Grant. Specifically, you have requested that we review the petition
and supporting documents to advise whether said documents are in compliance
with R.S. 33:1 et seq.
LSA-R.S. 33:1(A) provides:
A. Residents of any unincorporated area with a population in
excess of two hundred inhabitants may propose the incorporation
of the area as provided in this Subpart. A petition proposing the
incorporation of the area shall be prepared and shall contain the
following:
(1) A legal description of the area proposed for incorporation
and the statement that all lands included in the area constitute a
contiguous area.
(2) A statement of the number of inhabitants residing in the
unincorporated area. Such statement shall be based on the latest
federal decennial census or another current population report or
count which is verifiable.
(3) A statement of the assessed value of the real property
located in the unincorporated area.
(4) A listing of the public services the municipal corporation
proposes to render to the area and a plan for the provision of
these services.
(5) A statement of the corporate name desired for the new
municipality.
71
Summary:
Petition for incorporation of Village of
Creola, Louisiana is in compliance with R.S. 33:1 and the
governor shall call a special election on the question of
incorporation for October 7, 2000.
Kimberly Wooten
OPINION NUMBER 2000-219
Page - 2-
(6) The names of two or more chairpersons for the petition for
incorporation who shall serve as agents for the petitioners in all
legal matters, including the receipt of notices. Notice will be
sufficient if served on any one of the chairpersons. (Emphasis
added).
The petition received by this office contains all of the above listed requirements.
Additionally, the registrar certified that the petition contains the required 25% of
valid signatures for a special election to be called by the governor. Therefore, it
is our opinion that since this petition complies with the requirements of law, R.S.
33:1 et seq., the governor shall call a special election to be held on the next
possible special election date specified in R.S. 18:402 (October 7, 2000) for the
purpose of determining whether the unincorporated area shall become a
municipality. All qualified electors residing within the area proposed for
incorporation shall be entitled to vote in the special election and the costs of the
special election shall be borne by the parish of Grant.
If we can be of further assistance, please advise.
Yours very truly,
RICHARD P. IEYOUB
ATTORNEY GENERAL
ANGIE ROGERS LAPLACE
Assistant Attorney General
RPI/ARL:cwr
Enclosures
Kimberly Wooten
OPINION NUMBER 2000-219
Page - 3 -
71
Summary:
Petition for incorporation of Village of Creola, Louisiana is in
compliance with R.S. 33:1 and the governor shall call a special election on the
question of incorporation for October 7, 2000.
Kimberly Wooten
Deputy Executive Counsel
Office of the Governor
P. O. Box 94004
Baton Rouge, LA 70804-9004
Date Received:
Date Released: June 9, 2000
ANGIE ROGERS LAPLACE
Assistant Attorney General