Could Pointe Coupee Parish include New Roads households in its waste contract without city approval?

Plain-English summary

In 2014, the Louisiana Attorney General concluded that Pointe Coupee Parish could not contract for household waste collection and disposal inside New Roads without city authorization. New Roads had charter authority to operate or contract for its garbage system, and the parish's own code applied to unincorporated areas. The opinion required authorization by the New Roads City Council and the mayor's signature for the parish to include city households.

The parish's existing contract served residents parish-wide and was funded in part by a parish-wide tax. The AG still treated the incorporated city as the relevant authority for service within its boundaries. The answer addressed contracting authority, not how the tax revenue should be allocated.

Currency note

This opinion was issued in 2014. 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.

Common questions

Did a parish-wide waste contract automatically include New Roads?

The AG said no. The city had its own authority to arrange household waste service within its boundaries, and parish jurisdiction was limited to unincorporated areas in the analysis.

What city approval did the opinion require?

It specified authorization by the New Roads City Council and the mayor's signature before the parish could contract for city households.

Could New Roads create its own garbage service arrangement?

Yes. The AG said the city could create, maintain, and contract for its own waste collection and disposal under its charter and the statute discussed.

Background and statutory framework

Pointe Coupee Parish was considering renewal of a residential waste contract that had covered all parish residents. The New Roads mayor said the city council had not authorized inclusion of city households. The AG read the city charter, the parish's jurisdictional code provision, and La. R.S. 33:4169.1, which empowered each parish or municipality to collect and dispose of garbage within its jurisdiction.

Citations

• La. R.S. 33:4169.1 (garbage collection and disposal within a government's jurisdiction).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0206

Original opinion text

~ta:t.e of 1fiouishtna:
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

January 7,2014
OPINION 13-0206

71-1-A MUNICIPALITIES- City Parish Charter

La. R.S. 33:4169.1

The City of New Roads has the authority to create, maintain, and
Mr. Dannie P. Garrett, III
contract for its own waste collection and disposal. The Parish of
Pointe Coupee does not have the authority to contract with a
263 Third Street, Ste 707
vendor to provide waste collection and disposal services for
Baton Rouge, LA 70801
households in the City of New Roads without the authorization of
the New Roads City Council and the signature of the Mayor of New Roads.

Dear Mr. Garrett:

Our office received your request for an opinion on whether the Parish of Pointe Coupee ("Parish") may contract with a company to provide solid waste collection and disposal services for households in the City of New Roads. Your opinion request states that the Parish currently has a contract with Progressive Waste Solutions of Louisiana to provide residential solid waste collection and disposal for all parish residents. This service is funded through a parish-wide one cent sales and use tax and through a fee to parish residents. 1 The contract between the Parish and Progressive Waste Solutions of Louisiana expires on January 31, 2014, and the Parish is currently negotiating a renewal of the contract. On October 16, 2013, the Mayor of the City of New Roads sent correspondence to the Parish President informing her that the New Roads City Council did not adopt a resolution authorizing the Parish Police Jury to include households in the City of New Roads in the contract for parish-wide collection and disposal of solid waste. The Mayor indicated that the City was considering managing the collection and disposal of solid waste for residents of the City of New Roads. You have asked whether the Parish is prohibited from contracting with a vendor to provide waste collection and disposal services for households in the City of New Roads.

The City of New Roads, an incorporated municipality within the Parish, was chartered by Act 34 of the 1875 Louisiana Legislative Session and operates under a legislative charter. The Louisiana legislature has granted the City of New Roads the power and

On September 10, 1985, the voters of Pointe Coupee Parish passed a one cent sales and use tax of which, not less than twenty percent (20%) of the proceeds must be dedicated and used for capital improvements, maintenance, and operation of a comprehensive parish wide solid waste and non­ hazardous waste disposal program. See Chapter 13, Article III of the Pointe Coupee Parish Code of Ordinances.

Page 2

OPINION 13-0206
Mr. Dannie P. Garrett, '"
Page 2

authority to perform any function necessary for the management of its affairs which is not denied by law. 2 Article 1 of the City of New Roads Charter ("Charter") sets forth the corporate boundaries of the. City qf New Roads and states the City shall be a corporation and body politic and shall have:
all the powers, rights, privileges, immunities, authorities, and duties heretofore possessed in accordance with all constitutional and statutory provisions with respect to Louisiana municipalities. Said city, through its governing authority, is further authorized to exercise any power and perform any function necessary, requisite, or proper for the management of its affairs not denied by law, including but not limited to the power to levy and collect taxes, incur debt, and issue bonds and other evidences of indebtedness as authorized by law.

Article 12 of the Charter states:

[t]he city council shall have the following powers, duties, and responsibilities: (e) Build and maintain streets, sidewalks, sewerage, gas electric, water, garbage and other utility systems and other pu blic works within and without the city limits; to contract for the purchase and sale of gas, electricity, water and any other such services, systems and works; to build and maintain other public improvements for the benefit of the city; to prescribe the rates at which sewerage, gas, electric, water, garbage, and other utilities, shall be supplied....

Additionally, La. R.S. 33:4169.1 specifically grants to the governing authority of every parish or municipality the power to "engage in the collection and disposal of garbage and trash within its jurisdiction" and the power "to enter into time contracts for the collection and transportation of garbage or trash for a term of up to ten years, and for disposal of garbage or trash for a term of up to twenty-Hve years."

The jurisdiction of the City of New Roads is the corporate boundaries set forth in Article 1 of the Charter. The jurisdiction of the Parish extends only to the unincorporated areas of the Parish. 3 Accordingly, the incorporated City of New Roads has the authority to create, maintain, and contract for its own waste collection and disposal. The Parish of Pointe Cou pee does not have the authority to contract with a vendor to provide waste collection and disposal services for households in the City of New Roads without the authorization of the New Roads City Council 4 and the signature of the Mayor of New Roads. 5

2 Article 1 of the City of New Roads Charter.
3 See Code of Ordinances Pointe Coupee Sec. 1-11.- Jurisdiction of the Code. "Except as otherwise provided, the provision of this Code shall apply only in the unincorporated areas of the parish." 'I New Roads Code Art. 12 (h) p. CDA:10. 5 New Roads Code Art. 12 (d) p. CDA:9.

Page 3

OPINION 13·0206
Mr. Dannie P. Garrett, III
Page 3

We hope that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

..IDC: EGA