Could Ville Platte use a cooperative agreement with merchants for downtown storefront improvements?

Plain-English summary

Ville Platte planned to landscape its downtown and create a park. It also wanted an agreement with downtown merchants to improve their storefronts and asked whether public participation was lawful. In Opinion 03-0160, the Attorney General found that the city was authorized to beautify downtown and that the agreement benefited the public. He said it complied with the constitution assuming its cost was commensurate with that benefit.

The AG described downtown appearance and beautification as a city purpose and saw a public benefit in the proposed work. His conclusion still assumed that the particular cost would match that benefit. The opinion did not approve a specific payment amount or set of storefront contracts.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

City officials

The AG treated a cooperative endeavor with private merchants as possible under the constitutional provision he cited. He found city authority and a public benefit in the described project, then assumed the cost was proportionate. The request did not supply a final contract or cost calculation.

Downtown merchants

The opinion contemplated merchant storefront improvements as part of a downtown beautification effort. It did not award money to any particular business or say that every private storefront improvement would qualify.

Common questions

Q: Could a city partner with private storefront owners for downtown improvements?
A: The AG found that the city was authorized to beautify downtown and that the agreement benefited the public. His conclusion assumed the cost was commensurate with that benefit.

Q: Was any payment amount approved?
A: No. The AG assumed that the cost would be commensurate with the public benefit and did not calculate an amount for a particular merchant.

Q: Did the opinion treat a private merchant benefit as automatically disqualifying?
A: No. The AG found a public benefit in the described downtown beautification agreement and assumed its cost was commensurate with that benefit.

Background and statutory framework

The city had already allocated funds for landscaping and a park, and proposed additional storefront improvements with merchants to stimulate the local economy. The AG applied Article 7, Section 14(C) of the Louisiana Constitution, which the opinion said allowed cooperative endeavors with private persons, and cited Attorney General Opinion 92-575 in a footnote.

Citations and references

Constitutional provision in the opinion: Article 7, Section 14(C). Earlier opinion cited: Attorney General Opinion No. 92-575.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0160

Original opinion text

~t~te ol
DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CIVIl. DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
FAX: (225) 342-2090
RICHARD P. IEYOUB
70804-9005
AI-rORNEY GENERAL
flAY 1 3 2003
Opinion Number 03-0160

90-A-1 Public Funds and Contracts
Article 7, Section 14 of the Louisiana Constitution Mr. Charles E. Tate
City Attorney
City of Ville Platte may enter into cooperative
City of Ville Platte
endeavor agreement with downtown merchants to
beautify downtown area.
P.O. Box 589
Ville Platte, LA 70586

Dear Mr. Tate:

The City of Ville Platte is in the process of beautifying its downtown area and has allocated funds for landscaping and a park. The City would like to enter into a cooperative endeavor agreement with its downtown merchants to make improvements to their storefronts, all in an effort to stimulate the City’s economy. You question if the City may legally do so.

In short, it is our opinion that the City may do so. Article 7, Section 14 (C) of the Louisiana Constitution allows the state and any of its political subdivisions to enter into cooperative endeavor agreements with other governmental entities or with private persons. A constitutionally sound cooperative endeavor agreement must contain the following: (1) the state or political subdivision must be authorized to spend the funds at issue; (2) the agreement must benefit the public; and (3) the cost must be proportionate to the public benefit. The City is authorized to maintain the appearance and beautification of its downtown area.1 This agreement benefits the public and assuming that the cost is commensurate with the benefit, the agreement complies with the constitution.

We trust that this adequately responds to your request. If you have any questions or comments, please contact our office. With kindest regards,

Yours very truly,

RICHARD P. IEYOUB
Attorney General

BY:
TINA VICARI GRANT
Assistant Attorney General
RPI/TVG/dam

Attorney General Opinion No. 92-575