SUBPART C. EXTENSION OR CONTRACTION OF

CORPORATE LIMITS OF MUNICIPALITY BY MEANS

OF PETITION AND ORDINANCE

§171. Ordinance to enlarge or contract corporate limits; distribution of certain revenues in annexed areas

A. The limits and boundaries of incorporated municipalities shall remain as established on July 31, 1946, but may be enlarged or contracted, by ordinance of the governing body as hereinafter provided, the city of New Orleans excepted. The municipal governing authority shall furnish, by electronic medium, the registrar of voters of the affected area and the secretary of state a copy of all municipal ordinances annexing territory within fifteen days after adoption of such ordinances, as well as a map and written description of all newly annexed territory. If the municipal governing authority does not have the ability to submit the information required by this Subsection by electronic medium, the governing authority shall submit the information by certified mail or commercial courier.

B. Notwithstanding the provisions of R.S. 27:437, when the governing authority of a municipality which lies wholly within a parish in which video poker regulated by the Video Draw Poker Devices Control Law is prohibited annexes territory in a parish in which video poker regulated by such law is permitted, no revenues from the Video Draw Poker Device Fund shall be distributed or appropriated to the annexing municipality. This Subsection shall apply to any annexation by ordinance adopted by a municipality but which has not taken effect on June 9, 1999.

C.(1) Notwithstanding the provisions of R.S. 27:437, when the governing authority of a municipality located in a parish in which video poker regulated by the Video Draw Poker Device Control Law is permitted annexes territory in which video draw poker devices are operated prior to the effective date of such annexation, no monies in the Video Draw Poker Device Fund derived from fees, fines, and penalties deposited in such fund by reason of the operation of such devices and related activities in the annexed area shall be distributed or appropriated to the annexing municipality. However, monies in the Video Draw Poker Device Fund derived from fees, fines, and penalties deposited in the fund by reason of the operation of video draw poker devices and related activities which were first operated in the annexed territory after the effective date of such annexation shall be appropriated and distributed as provided in R.S. 27:437.

(2) The provisions of this Subsection shall apply to any annexation after July 1, 2003, and to any annexation by ordinance adopted by a municipality but which has not taken effect on July 1, 2003.

(3) Amounts distributed pursuant to this Subsection may be redistributed among the authorized recipients pursuant to a written agreement, ratified by a vote of the governing authority of each recipient.

D. As used in this Section, the following terms shall have the meanings ascribed to them by this Subsection:

(1) "Commercial courier" means any foreign or domestic business entity having as its primary purpose the delivery of letters and parcels of any type which acquires a signed receipt from the addressee, or the addressee's agent, of the letter or parcel upon completion of delivery and has no direct or indirect interest in the outcome of the matter to which the letter or parcel concerns.

(2) "Electronic medium" means by electronic mail or facsimile.

Acts 1986, No. 669, §2; Acts 1999, No. 176, §1, eff. June 9, 1999; Acts 2003, No. 1058, §2, eff. July 1, 2003; Acts 2016, No. 294, §1, eff. May 31, 2016.