Article I.

Incorporation, Form of Government, Boundaries, Powers

Section 1-01. Incorporation

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The inhabitants of the City of New Iberia within the corporate limits as now established or as hereafter established by law shall be and continue a body politic and corporate in perpetuity under the name of the "City of New Iberia" hereinafter referred to as the "City".

Section 1-02. Home Rule Charter

The charter commission has proposed this home rule charter, under the authority of Article VI, Section 5 of the Louisiana Constitution of 1974. Upon adoption by the electors and upon the effective date of this charter, the City of New Iberia will be a local governmental subdivision which operates under a home rule charter and, subject to said charter, is authorized, as hereinafter provided, to exercise any power and perform and function necessary, requisite or proper for the management of its local affairs.

Section 1-03. Form of Government

The plan of government provided by this home rule charter shall be known as the "mayor-city council" plan of government.

Section 1-04. Boundaries

The boundaries of the City shall be those in effect as of the effective date of this charter and shall be subject to change thereafter as provided by law.

Section 1-05. General Powers

Except as otherwise prohibited by this charter, the City shall have all the powers, rights, privileges, immunities and authority heretofore possessed by the City under the laws of the state of Louisiana. The city shall have and exercise such other powers, rights, privileges, immunities, authority and functions not inconsistent with this charter as may be conferred on or granted to a local governmental subdivision by the constitution and general laws of the state, and more specifically, the City shall have and is hereby granted the right and authority to exercise any power and perform any function necessary, requisite or proper for the management of its affairs, not denied by this charter, or by general law, or inconsistent with the constitution.

Section 1-06. Special Powers

The City shall also have the right, power and authority to promote, protect and preserve the general welfare, safety, health, peace and good order of the City, including, but not limited to, the right, power and authority to pass ordinances on all subject matters necessary, requisite or proper for the management of the City's affairs, and all other subject matters without exception, subject only to the limitation that the same shall not be inconsistent with the constitution or expressly denied by general law applicable to the City.

Section 1-07. Joint Service Agreements

The City is authorized, as provided by state law, to enter into joint service agreements or cooperative efforts. Unless the joint service agreement or cooperative effort has a stated term of less than twenty-four (24) months, it shall be presented in the form of an ordinance and subject to the conditions set forth for ordinances as prescribed in this Home Rule Charter. Any joint service agreement or cooperative effort with a term in excess of thirty (30) days, shall be reduced to writing and maintained as a public record.

Section 1-08. Property Rights.

All rights, titles and interests of the Mayor and Board of trustees of the City of New Iberia, as now existing in and to all land, tenements, hereditaments, bridges, ferries, streets, alleys, drains, wharves, levees, markets, stalls, landing places, buildings and other property of whatever description and wherever situated, and all goods, titles, monies, effects, debts due, demands, bonds, obligations, judgments, liens, actions and rights of actions, accounts, books, vouchers and other rights and property thereof remain vested in the City of New Iberia, as incorporated by this Charter. All ordinances heretofore adopted or now in force and effect, or to be put in force and effect at some future date, with penalties, shall remain in force until amended or repealed as legal and valid ordinances of the City of New Iberia, except where same may be in conflict with this Charter.

Article II.

City Council

Section 2-01. Composition, Qualifications and Elections.

A. The legislative power of the City shall be vested in a city council consisting of seven (7) members elected as follows:

Six (6) members shall be elected from districts enumerated in Section (Council Districts), one from and by the qualified electors in each district.

One (1) member shall be elected as large by all the qualified electors of the City.

B. A member of the council shall be elected for a four (4) year term concurrent with that of the mayor and shall be eligible for reelection. A person who has served as a member of the council for two (2) full consecutive terms, whether before or after the effective date of this Charter, shall not be eligible for election to the same office for the succeeding term. Nothing herein shall prohibit an at-large member from seeking a district seat or a district council member from seeking an at-large seat.

C. A council member shall be at least eighteen (18) years of age and a qualified elector of the municipality and where applicable, in their respective districts during the term of office.

D. A council member shall have been legally domiciled and shall have actually resided within the City for at least one (1) year and, where applicable, within the district from which elected, for at least one (1) year immediately preceding the time established by law for qualifying for office. A council member shall continue to be legally domiciled and to actually reside within the city limits and, if elected from a district, shall continue to be legally domiciled and to actually reside within the district, during the term of office. If a council member changes his legal domicile and/or actual residence from the City, or from the district from which elected, the office shall become vacant, which vacancy shall be filled, in accordance with the election laws of this state and as set out hereinafter.

E. Elections shall be held in accordance with the election laws of the state.

Section 2-02. Changes in District Boundaries, Reapportionment.

A. In the event of annexation by the governing body of the City of New Iberia between the time of adoption of this charter and thirty(30) days before the election of the first city council provided for herein, the city council district lines shall be changed or rearranged in order to incorporate into such districts those persons living in the newly annexed areas.

B. Following the election of the first council under this charter, any ordinance annexing new areas to the City shall prescribe the council district or districts in which said area shall be included.

Section 2-03. Vacancies.

A. The office of a council member shall become vacant upon death, resignation, removal from office in any manner authorized by law, forfeiture of office, failure to take office for any reason or being legally interdicted.

B. Any council member shall forfeit the office if such member (1) lacks at any time during the term of office any qualification for the office prescribed by this charter, (2) violates any express prohibition of this charter (3) is disqualified by law from holding public office or (4) is found guilty of a felony by a jury or a court of competent jurisdiction. Appeals shall not affect forfeiture of office.

C. A vacancy on the council shall be filled by appointment of a person meeting the qualifications for office by a majority vote of the remaining members of the council within ten (10) days. A tie vote on the appointment shall be broken by the mayor. If one (1) year or less of the unexpired term remains when the vacancy occurs, the appointee shall serve out the remainder of the term. If the vacancy occurs more than one (1) year prior to the expiration of the term, the appointee shall serve until the office is filled by the vote of the qualified electors voting in a special election called by the council for that purpose, which election shall be held according to the timetable and procedures established by state law generally for the filling of vacancies in elected municipal offices.

Section 2-04. Compensation.

A district council member shall be paid compensation of Seven Hundred ($700.00) Dollars per month and Two Hundred Fifty ($250.00) Dollars per month car allowance until changed by ordinance. An at-large member shall be paid compensation of Eight Hundred ($800.00) Dollars per month and Two Hundred Fifty ($250.00) per month car allowance until changed by ordinance.

Section 2-05. Prohibitions.

A. Except as otherwise provided in Sections 3-04 (Vacancies) and Section 3-05 (Mayor's Absence and Disability), a council member shall not hold any other elected public office, city office, city employment or compensated office on any state or local public board or commission during the term for which elected to the council. No former council member shall hold any compensated appointive city office or city employment until one (1) year after the expiration of the term for which elected to the council.

B. Except as provided by this charter, neither the council nor any of its members shall involve themselves in any manner in the appointment, removal, direction or supervision of any City administrative officer or employee.

Section 2-06. Investigations.

The council or any committee thereof when authorized by council may make non-criminal investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be guilty of misdemeanor and upon conviction in the city court of New Iberia may be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than thirty (30) days, or both.

The council, by the favorable vote of at least five (5) out of seven (7) of its authorized membership, may make non-criminal investigations into the affairs of the City and the related conduct of any City official, officer, employee, department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. The council may provide by ordinance for the request for evidence. Investigations by the council shall be for specified purposes. All such investigations shall be conducted in accordance with the Louisiana Code of Civil Procedure.

Section 2-07. Independent Audit.

Within thirty (30) days of close of the fiscal year, the council shall provide for an annual independent post-audit, and such additional audits as it deems necessary, of the accounts and other evidence of financial transactions of the City, including those of all City departments, offices or agencies. The Mayor shall choose the auditor from the legislative auditor's approved list. The audit shall be submitted to the council at one of its regularly scheduled meetings and shall be public record, and a summary thereof shall be published at least once in the official journal. The council may accept audits by the state that satisfy the requirements of the council.

Section 2-08. Clerk of Council.

The Mayor shall appoint a city clerk of the council who shall serve in this capacity at the pleasure of the Mayor. The appointment shall be approved by a majority of the council. The city clerk shall give notice of council meetings to its members and the public, keep the journal of the proceedings of the council and perform such other duties as are assigned to the position by this charter or by the council. At the Mayor's discretion, an officer or employee in the executive branch may serve as clerk.

Section 2-09. Council Meetings and Rules.

A. The council and mayor shall meet regularly at least twice a month pursuant to the Rules of Procedure adopted by ordinance. Special meetings may be held on the call of the mayor or three or more council members and upon no less than twenty-four (24) hours written notice to each member. To meet a public emergency affecting life, health, property or public safety, the council may meet upon call of the mayor or one or more council members at whatever notice it shall be convenient to give.

B. All meetings of the council or its committees shall be held in compliance with state law.

C. The Mayor shall enforce rules of procedure established by ordinance, prepare the agenda, determine order of business, and shall provide for keeping a journal of its minutes and proceedings. This journal shall be a public record.

D. The council and mayor shall provide the opportunity for public comment in accordance with state law and the City's rules of procedure.

E. The mayor is the presiding officer at meetings of the council, and in the absence or disqualification of the mayor, the mayor pro-temp shall preside.

F. All voting shall be by roll call, and the ayes and nays shall be recorded in the minutes of the council by the individual vote of each council member. Not less than a majority of the authorized membership of the council shall constitute a quorum to transact business, but if a quorum is lost during a meeting , a smaller number may recess from time to time until a quorum can be reached and compel the attendance of absent members in the manner and subject to the penalties prescribed by council rules. The mayor shall not vote except in the event of a tie.

Section 2-10. Action Requiring an Ordinance.

A. An act of the council having the force of law shall be by ordinance. An act requiring an ordinance shall include but not be limited to those which:

(1) Adopt or amend an administrative code.

(2) Provide a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty may be imposed..

(3) Levy taxes or assessments as provided by law.

(4) Adopt the budget and capital improvement program for the City.

(5) Grant, renew or extend a franchise.

(6) Provide for raising revenue.

(7) Regulate the rate or other charges for service by the City.

(8) Authorize the borrowing of money.

(9) Incur debt in any manner authorized by law.

(10) Abandon any property owned by the City.

(11) Convey or lease or authorize the conveyance or lease of any lands or property of the City.

(12) Acquire real property on behalf of the City.

(13) Extend or contract corporate limits.

(14) Adopt or modify an official map, platting or subdivision controls or regulations or the zoning plan.

(15) Adopt, without substantive amendment, ordinances proposed under the initiative power.

(16) Amend or repeal any ordinance previously adopted.

(17) Propose amendments to this charter.

(18) Authorize joint service agreements and/or cooperative service agreements.

B. Acts other than those referred to above may be done either by ordinance or by resolution. All ordinances and resolutions shall be passed by the favorable vote of at least four (4) members of the council except those with a stated term of less than twenty-four (24) months.

C. An act of the Council which is not to have the force of law may be enacted by resolution. A resolution may be used for purposes such as a formal expression or will of the Council; to authorize a person or persons to sign legal and financial documents for a project or purpose previously approved by ordinance; election calls, and as may be authorized by this Charter.

D. Actions that must be taken pursuant to a general statutory procedure for the construction of sewerage and street paving improvements that are to be financed by local or special assessments shall be exempted from the requirements of this section.

Section 2-11. Ordinances in General.

A. All proposed ordinances, including those proposed by the electors as provided in Section 6-01, shall be introduced in writing and in the form required for adoption and, except for codifications and the operating budget and capital improvement program, shall be confined to one subject, expressed clearly in the title.

B. All proposed ordinances shall be read by title and published in full or by title. Except as otherwise provided in Section 2-13 (Emergency Ordinances), no ordinance shall be considered for final passage until it has laid over at least seven (7) days from its publication in the official journal of the City of New Iberia and unless public hearing has been held on the ordinance.

C. With the final approval of ordinances by the mayor, or the council in case of a veto by the mayor, such enacted ordinances shall be published in full in the official journal of the City of New Iberia by the clerk of the council as soon as practical thereafter provided, however, that ordinances adopting codes of technical regulations or adopting or amending the operating budget or capital improvement program may be published in full or in summary at the council's discretion. Every enacted ordinance, unless it shall specify another date, shall become effective at expiration of seven (7) days after publication by the council or if the ordinance is adopted through a majority vote in a referendum election, then ten (10) days after promulgation and publication of the election results by the council.

Section 2-12. Submission of Ordinances or Resolutions to the Mayor.

A. Every ordinance or resolution adopted by the council shall be presented by the clerk to the mayor within seventy-two (72) hours after adoption, excluding Saturdays, Sundays and city holidays. The clerk shall record upon the ordinance or resolution the date and hour of its delivery to the mayor.

B Within seven (7) calender days after the mayor's receipt of an ordinance or resolution, excluding Saturday, Sundays and city holidays, it shall be returned to the clerk of the council with the mayor's approval, with the mayor's veto or the ordinance or resolution shall be effective without the Mayor's signature. The clerk shall record upon the ordinance or resolution the date and hour of its receipt from the mayor. If the ordinance or resolution has been approved, is shall be considered finally enacted and become effective as provided in Section 2-11 (Ordinances in General). If the ordinance or resolution is vetoed, the mayor shall submit to the council through the clerk a written statement of the reasons for veto. All ordinances or resolutions that the mayor vetoes shall be vetoed in full.

C. Ordinances or resolutions vetoed by the mayor shall be submitted by the clerk to the council at the next regular or special meeting. Should the council vote to readopt the ordinance or resolution by the favorable vote of five (5) members of the council, said ordinance or resolution shall be considered finally enacted and become law irrespective of the veto by the mayor.

D. The right of the mayor to veto as provided in this section shall apply to all ordinances adopted by the council except those which reapportion council districts; appropriate funds for auditing or investigating any part of the executive branch; or those ordinances requiring council action pursuant to the general laws of the state or which the council has received specific approval to enact following a referendum vote of the people.

Section 2-13. Emergency Ordinances.

A. To meet a public emergency affecting life, health, property or public safety, the council by the favorable vote of at least four (4) members of the council, may adopt an emergency ordinance at the meeting at which it is introduced, provided that no such ordinance may be used to levy taxes or special assessments; grant or extend a franchise; incur debt, except as provided in Section 5-05 (Emergency Appropriations); adopt or amend an official map, platting or subdivision controls or zoning regulations; or change rates, fees or charges established by the City. Each emergency ordinance shall contain a specific statement of the emergency claimed.

B. Notwithstanding the provisions of Section 2-12 (Submission of Ordinances or Resolutions to the Mayor), any emergency ordinance adopted by the council shall be presented to the mayor by the clerk within six (6) hours after adoption. Within twelve (12) hours after the mayor's receipt of an emergency ordinance, it shall be returned to the clerk with the mayor's approval, with the mayor's veto or it shall become effective without the Mayor's signature. If the emergency ordinance has been approved, it shall be considered finally enacted and become effective immediately upon receipt by the clerk. If the emergency ordinance is vetoed, the mayor shall submit to the council through the clerk, a written statement of the reasons for the veto. The clerk shall record upon the emergency ordinance the date and hour of its delivery to and receipt from the mayor. Should the council vote to readopt the vetoed emergency ordinance by the favorable vote of at least five (5) members of the council, said emergency ordinance shall be considered finally enacted and become law immediately upon readoption, irrespective of the veto by the mayor. Upon final approval by the mayor, or the council in case of a veto by the mayor, such enacted emergency ordinance shall be published in the official journal by the clerk as soon as practical thereafter either in full or in summary at the discretion of the council.

C. Emergency ordinances shall be effective for no longer than thirty (30) days. The council, however, upon a favorable vote of at least four (4) of the members of the council may extend the life of an emergency ordinance for an additional thirty (30) days, but no such ordinance may be extended beyond that period.

Section 2-14. Codes of Technical Regulations.

The council, by ordinance, may adopt any standard code of technical regulations by reference. The procedure and requirements governing the adoption of such ordinances shall be as prescribed for ordinances generally, except that a period of thirty (30) days must be allowed between the time of introduction and final passage of the ordinance. During this interim, copies of any proposed code shall be available for public review. A copy of each adopted code of technical regulations as well as the adopting ordinance shall be authenticated and recorded by the clerk of the council in the official records of the City. Such adopted codes of technical regulations shall be published at least by title or by reference in the official journal by the clerk as soon a s practical following such final adoption.

Section 2-15. Authentication and Recording of Ordinances and Resolutions; Printing and Distribution.

A. All finally enacted ordinances and resolutions shall be authenticated, numbered and recorded by the clerk of the council. All ordinances shall be indexed and codified in a book or books kept for this purpose.

B. The council shall cause each ordinance and each amendment to this charter to be printed or otherwise reproduced promptly following enactment and such printed or reproduced amendments and ordinances, including codes of technical regulations adopted by reference pursuant to Section 2-14 (Codes of Technical Regulations) shall be distributed or sold to the public at reasonable prices.

C. The council shall cause each resolution approved by it to be recorded in the minutes of the council meeting at which the resolution was approved.

Section 2-16. Power to Levy and Collect Taxes.

A. The power to perform any service or provide any facility granted to the City by this charter or by the constitution and general laws of the state shall in all cases carry with it the power to levy and impose taxes and local or special assessments and to borrow money within the limits and in accordance with the procedures prescribed by the constitution and general laws of the state. The council shall have, and is hereby granted, all of the authority to levy taxes, to incur debt, and issue bonds and other evidences or indebtedness, as is now or hereafter conferred on governing authorities of municipalities by the constitution and general laws of the state, or as may be hereafter specifically conferred by the electors of the City. Any tax being levied on the effective date of this home rule charter is ratified.

B. When the owner or owners of any movable or immovable property fail to pay any taxes assessed thereon in favor of the City, the City is authorized to collect said taxes in accordance with state law.

Section 2-17. Powers of Enforcement.

For the purpose of carrying out the powers generally or specially conferred on the City, the council shall have the power, whenever it deems it necessary, to grant franchises, to require licenses and permits and fix to be paid therefore, to charge compensation for any privilege or franchise granted or service rendered, and to provide penalties for the violation of any ordinance or regulation, as provided by law.

ARTICLE III

EXECUTIVE BRANCH

Section 3-01. Executive Authority.

The mayor shall be the chief executive officer of the City and shall exercise general executive and administrative authority over all departments, offices and agencies of the City, except as otherwise provided by this charter.

Section 3-02. Election.

The mayor shall be elected at large by all the qualified voters of the City according to the election laws of the state for a four (4) year term concurrent with that of the council and shall be eligible for reelection. A person who has served as mayor for three (3) full consecutive terms, whether before or after the effective date of this Charter, shall not be eligible for election to the same office for the succeeding term.

Section 3-03. Qualifications.

A. The mayor shall be at least twenty-one (21) years of age, a qualified elector of the municipality and shall have been legally domiciled and shall have actually resided within the City for at least one (1) year immediately preceding the time established by law for qualifying for office.

B. The mayor shall continue to be legally domiciled and to actually reside within the City limits during the term of office. If the mayor changes his/her legal domiciled and/or actual residence from the City, the office shall become vacant in accordance with law, which vacancy shall be filled as set out hereinafter.

Section 3-04. Vacancies.

A. The office of mayor shall become vacant upon the death, resignation, removal from office in any manner authorized by law, forfeiture of office by the officeholder, failure to take office for any reason or being legally interdicted.

B. The office of mayor shall be forfeited if the officeholder:

(1) Lacks at any time during the term of office any qualification for the office prescribed by this charter;

(2) Violates any express prohibition of this charter; or

(3) Is disqualified by law from holding public office.

(4) Is found guilty of a felony by a jury or a court of competent jurisdiction.

C. If a vacancy in the office of Mayor occurs, the council member elected at large shall serve as Mayor pro-tempore until the vacancy is filled in accordance with state election laws. The council member serving as mayor shall not have a vote on the council or otherwise participate in council activities as a member thereof while serving as mayor.

D. Should the council member at large be unwilling or unable to serve as acting mayor as provided above, the council shall select a council member to serve as acting mayor by a vote of at least a majority of qualified members.

E. Any person serving as acting mayor due to a vacancy in the office of mayor is defined in this section shall be paid at a rate equal to that of the mayor for the period served.

Section 3-05. Mayor's Absence and Disability.

Should the mayor be unable to perform the duties of mayor either through incapacity or voluntary absence, the mayor pro-temp shall serve as acting mayor during the temporary absence or inability of the mayor to perform the duties of office.

Section 3-06. Compensation.

The annual salary of the mayor shall be Eighty Thousand and no/100 ($80,000.00). This annual salary may be changed by ordinance. Additionally, the Mayor shall receive health and life insurance and all benefits on the same basis as all city employees and a monthly car allowance or a city vehicle.

Section 3-07. Powers and Duties of the Mayor.

A. The mayor, as chief executive officer of the City, shall have the following powers and duties:

(1) See that all laws, provisions of this charter and acts of the council, subject to enforcement by the mayor or by officers subject to the mayor's direction and supervision, are faithfully executed.

(2) Appoint and suspend or remove with or without cause all City employees and appointive administrative officers provided for , by or under this charter, except as otherwise provided by law, this charter or civil service or other personnel rules adopted pursuant to this charter. The mayor may authorize any administrative officer who is subject to the mayor's direction and supervision to exercise these powers with respect to subordinates in the officer's department, office or agency.

(3) Preside over all council meetings and have such powers and duties as prescribed in Section 2-09.

(4) Direct and supervise the administration of all departments, office and agencies of the City, except as otherwise provided by this chapter.

(5) Prepare and submit the annual budget and five (5) year capital program to the council.

(6) Submit to the council and make available to the public, within one hundred and eighty (180) days after the end of the fiscal year, a complete audit report on the finances and administrative activities of the City as of the end of each fiscal year.

(7) Make such other reports as the council may reasonably request.

(8) Keep the council fully advised as to the financial condition and future needs of the City and make such recommendations to the council concerning the affairs of the City as deemed desirable.

(9) Perform such other duties as specified in this charter.

(10) The mayor shall determine the rules and order of business of the council meetings and shall provide for keeping a journal of it's minutes and proceedings. This journal shall be a public record.

Section 3-08. Prohibitions.

The mayor shall hold no other elected public office nor any compensated appointive City office or City employment during the term of office for which elected. The mayor shall not engage in any outside activity that would interfere with or detract from the performance of duties as mayor on a full-time basis.

ARTICLE IV

ADMINISTRATION

Section 4-01. General Provisions.

Except as otherwise provided by this charter all departments, offices and agencies shall be under the direction and supervision of the mayor, and the directors of all departments created by or under this charter shall be appointed by the mayor and shall serve at the pleasure of the mayor. Appointments by the mayor to the directors of all departments shall be subject to confirmation by the council. The directors of all departments shall serve at the pleasure of the mayor but may also be removed by unanimous vote of the entire council for just cause. These appointments include but are not limited to the Chief Administrative Officer, City Clerk, City Treasurer, Tax Collector, City Attorney, City Prosecutor, Director of Public Works, Director of Waste Water, Building Inspector, Director of Parks and Recreation, Director of Planning and Zoning, Director of Community Development.

Section 4-02. City Attorney.

A. The city attorney shall be an attorney licensed to practice in the courts of Louisiana with at least five (5) years' experience in the practice of law.

B. The city attorney shall serve as chief legal adviser to the mayor, council and all departments, offices and agencies, shall represent the City in all legal proceedings except for criminal matters prosecuted by the City and shall perform any other duties by this charter or by ordinance.

C. Any assistant city attorneys authorized by the mayor and ratified by the city council shall be appointed by the mayor and serve at the pleasure of the mayor.

D. No special legal counsel shall be employed by the City except by written contract.

Section 4-03. City Prosecutor.

A. The city prosecutor shall be an attorney licensed to practice in the courts of Louisiana with at least five (5) years experience in the practice of law and reside in the Parish of Iberia.

B. The city prosecutor shall have charge of all criminal matters prosecuted by the City.

C. Any assistant city prosecutors authorized by the council shall be appointed by the Mayor and serve at the pleasure of the Mayor.

D. Upon written recommendation of the Mayor, subject to approval by the council by resolution, the duties and functions of the office of city prosecutor may be combined wth those of the city attorney.

Section 4-04. Chief Administrative Officer

A. The Chief Administrative Officer shall have a minimum of five (5) years work experience in a management position and a Bachelor's Degree or a Master's Degree in a related field.

B. Duties of the Chief Administrative Officer shall be directed by the Mayor and may include but are not limited to the following:

1. Direct supervisor to all departmental directors.

2. Assists in day to day operations of the City.

3. Ensures that the administration's position is being followed.

4. Works closely with the Mayor to ensure policy is set.

5. Active in the community with various business leaders to ensure needs are being met.

6. Reviews budget and makes operational recommendations.

7. Works closely with all department heads to solve daily problems.

8. Legislative Liaison - analyzing and advocating legislation.

9. Coordinates capital projects.

10. Assists in coordinating emergency preparedness activities and cost recovery efforts following major disasters.

11. Assists in unincorporated area / annexation issues.

12. Coordinates grant writing and writes grants.

13. Coordinates / prepares State Capital Outlay requests.

14.Coordinates IT work and upgrades.

15.Works with the City Attorney on suits against the city and legal issues.

16. Assists in Marketing and providing a positive atmosphere for Economic Development.

17. Attends all City Council and budget meetings.

18. Assists the Mayor in any additional / special projects.

Section 4-05. Department of Finance.

A. The head of the Department of Finance shall be the City Treasurer. The City Treasurer, at the time of appointment, either shall have at least a bachelor's degree in business administration, accounting or public administration from an accredited college or university and a minimum of two (2) years' experience in a responsible managerial or administrative fiscal position or shall have a minimum of ten (10) years' experience in a responsible managerial or administrative fiscal position.

B. Duties of the City Treasurer of finance shall be directed by the Mayor and may include, but are not limited to the following:

1. Collect and have custody of all monies of the city from whatever source.

2. Assist the mayor in the preparation of the operating budget and capital improvement program.

3. Maintain a record of indebtedness and have charge of the payment of the principal and interest on such indebtedness.

4. Ascertain that funds are available for payment of all contracts, purchase order and any other documents which incur financial obligation for the city, and that such documents are in accordance with established procedures.

5. Disburse all funds from the City treasury.

6. Administer a uniform central accounting system for all City departments using nationally accepted standards where applicable.

7. Prepare a monthly statement of revenues and expenditures to show the financial condition of the City.

8. Procure all personal property, materials, supplies and services required by the City under a central purchasing system for all departments in accordance with applicable state law, council policy and administrative requirements.

9. Maintain an inventory of all City property, real and personal.

10. Perform billing and collection for City-owned utilities.

11. Provide data processing administration.

12. Invest all idle City funds, as permitted by law so as to receive the maximum rate of return.

13. Provide general administrative services.

14. Do and perform such other actions as may be directed by the Mayor.

Section 4-06. Police Department.

The council may provide for a police department by ordinance. The City shall be responsible for the prevention of crime, law enforcement, assistance to the courts and other law enforcement officials and the maintenance of the peace and order of the City through the maintenance of a police department or by contracting for services.

Section 4-07. Fire Department.

A. The head of the fire department shall be the fire chief who shall be appointed by the Mayor in accordance with applicable state law.

B. The duties of the fire chief shall directed by the Mayor and may include, but shall not be limited to the following: direct and be responsible for fire prevention, fire extinguishment and extinguishment and salvage operations, inspections and recommendations concerning the fire code of the City, investigations of fire and their causes, and the conduct of fire safety and prevention programs.

Section 4-08. Public Works Department.

A. The head of the Public Works Department shall be the public works director. The public works director, at the time of the appointment, shall have a minimum of three (3) years' related public works or construction experience in a responsible managerial or administrative position.

B. The duties of the public works director shall be directed by the Mayor and may include, but are not limited to the following:

1. Supervision of all contract construction work except as may be otherwise provided for the Wastewater Department.

2. Maintenance of City property, except as otherwise directed.

3. Mapping and surveying, including maintenance of the City map.

4. Construction and maintenance, performed by the City, of streets, sidewalks, bridges and drainage facilities.

5. Street Cleaning.

6. Operation of a central facility for the repair and maintenance of City vehicles and equipment.

7. Coordination of planning activities.

8. Other such activities as may be directed by the Mayor.

Section 4-09. Wastewater Department.

A. The head of the wastewater department shall be the director of wastewater. The director of wastewater, at the time of the appointment, shall be a graduate registered professional engineer or equivalent experience in a responsible or administrative wastewater position.

B. The duties of the wastewater director shall be directed by the Mayor and may include, but are not limited to the following:

1. Sewage collection, treatment, and disposal.

2. Operation and maintenance of the City's wastewater treatment systems.

3. Other such activities as may be directed by the Mayor.

Section 4-10. Other Departments.

Except as otherwise provided by this charter, all City departments, offices, agencies and function in existence of the effective date of this charter shall continue in existence as organized on that date until the council shall adopt a reorganization plan in accordance with Section 4-10 (Administrative Reorganization).

Section 4-11. Administrative Reorganization.

A. The Mayor shall have the right as chief executive officer to propose to the council the creation, change, alteration, combination or abolition of City departments, offices or agencies and/or the reallocation of the functions, powers, duties and responsibilities of such departments, offices or agencies.

B. At the meeting of the council at which the reorganization plan is submitted, the council shall order a public hearing on the plan to be held within thirty (30) days. The council shall cause to be published in the official journal at least ten (10) days prior to the date of such hearing, the time and place thereof, a general summary of the reorganization plan and the times and places where copies of the proposed reorganization plan are available for public inspection. At the time and place so advertised, the council shall hold a public hearing on the reorganization plan as submitted.

C. The council shall, within sixty (60) days following the date of the public hearing either approve or disapprove, but not amend except with written consent of the Mayor, the proposed reorganization plan. Should the council fail to act within the prescribed time, the plan shall be deemed approved.

D. All departments, offices and agencies of the City, including those provided for in this charter, shall be subject to the reorganization provisions of this section.

ARTICLE V.

FINANCIAL PROCEDURES

Section 5-01. Fiscal Year.

The fiscal year of the City shall be November 1 through October 31.

Section 5-02. Budget Preparation and Adoption.

At least forty-five (45) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget in the form required by this charter. At the meeting of the council at which the operating budget is submitted, the council shall order a public hearing on it and shall cause to be published in the official journal, at least ten (10) days prior to date of such hearing the time and place thereof, a general summary of the proposed budget and the times and places where copies of the proposed budget are available for public inspection. At the time and place so advertised, the council shall hold a public hearing on the budget as submitted. The budget shall be finally adopted not later than the last day of the fiscal year. Upon final adoption, the budget shall be in effect for the budget year and copies shall be filed with the clerk of the council. The budget as finally adopted shall be reproduced and sufficient copies shall be made available for the use of all offices, department and agencies of the City, and for the use of interested persons.

Section 5-03. The Budget Document.

The operating budget for the City government shall present a complete financial plan for the next fiscal year, and shall consist of three (3) parts as follows:

Part I shall contain:

1. A budget message, prepared by the Mayor, which shall outline the proposed fiscal plan for the City and described significant features of the budget for the forthcoming fiscal period;

2. A general budget summary which, with supporting schedules, shall show the relationship between total proposed expenditures and total anticipated revenues for the forthcoming fiscal period and which shall compare these figures with corresponding actual figures for the last completed fiscal year and estimated figures for the year in progress.

Part II shall contain:

1. Detailed estimates of all proposed expenditures, showing the corresponding estimated expenditures for each item for the current fiscal year and actual figures for the last preceding fiscal year with explanations of increases or decreases recommended;

2. Detailed estimates of all anticipated revenues and other income showing the corresponding estimated revenue income for each item for the current fiscal year and actual figures for the last preceding fiscal year with explanations of increases or decreases;

3. Delinquent taxes for current and preceding years, with the estimated percentage collectible;

4. Such other information as may be requested by the council.

5. The total of proposed expenditures shall not exceed the total of estimated revenues and reserve funds.

Part III shall contain a proposed complete draft of the appropriation ordinance. All appropriations shall be by department and/or program.

Section 5-04. Administration of Budget.

No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the Mayor or the Mayor's designee first certified that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. However, this provision shall not limit the authority of the City to borrow funds in anticipation of revenues as provided in the general laws of the State. Any authorization of payment or incurring of obligation in violation of the provisions of this charter shall be void and any payment so made illegal; such action shall be cause for removal of any official, officer or employee who knowingly authorized or made such payment or incurred such obligation or who caused such payment to be authorized or made or obligation to be incurred. Such persons shall also be liable to the City for any amount so paid.

Nothing in this charter shall be construed so as to prevent the making or authorizing of payments of making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of an contract or lease providing for payments beyond the end of the fiscal year, provided that such action is authorized by ordinance.

Section 5-05. Amendments After Adoption.

A. Supplemental Appropriations: If during the fiscal year the Mayor certifies that there are available for appropriation revenues in excess of those estimated in the operating budget, the Mayor may present a supplemental budget for the disposition of such revenues, and the council by ordinance may make supplemental appropriations for the year up to the amount of such excess in the same manner required for adoption of the budget.

B. Emergency Appropriations: To meet public emergency affecting life, health, property or the public peace, the council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of Section 2-13.

To the extent that there are no available unappropriated revenues to meet such appropriations, the council may by such emergency ordinance borrow money in sums necessary to meet the emergency in accordance with procedures established by state law.

C. Reduction of Appropriations. If at any time during the fiscal year it appears to the Mayor that the revenues available will be insufficient to meet the amount appropriated, the Mayor shall report to the council without delay, indicating the estimated amount of the deficit, any remedial action taken and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent a deficit. Subject to the limitations in this section, the council may, by ordinance, reduce any appropriation at any time.

D. Transfer of Appropriations: At any time during the fiscal year the Mayor may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Upon written request by the Mayor, the council may by ordinance transfer all or part of any unencumbered appropriation balance from one department, office or agency to another.

E. Limitations: No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof.

Section 5-06. Lapse of Appropriations.

Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation.

Section 5-07. Bonded Debt.

The City is empowered to incur bonded debt in accordance with this Charter and the constitution and statutes of the state.

Section 5-08. Facsimile Signatures.

Facsimile signatures are authorized for negotiable instruments and multiple certificates of indebtedness or other debt obligations in those cases where an official is required by law to sign.

Section 5-09. Purchasing.

Purchasing of all property, supplies, materials and services shall be under a central purchasing system and shall be in accordance with applicable state law and administrative requirements.

Article VI.

INITIATIVE, REFERENDUM, RECALL AND REMOVAL BY SUIT

Section 6-01. Initiative and Referendum.

The electors of the City shall have the power, except as herein restricted, to propose to the council passage or repeal of ordinances and to vote on the question if the council refuses action. This power shall not extend to the proposing or repealing of ordinances making or reducing the appropriation of money, fixing the salaries of City officers or employees or authorizing the repeal or reduction of the levy of any taxes. The initiative power shall be exercised in the following manner.

A. The person or persons proposing the exercise of this power shall submit the proposal to the council which shall specify within thirty (30) days a form of petition for circulation in one or multiple copies as the proposer may desire. The petition shall contain the full text of the proposed ordinance.

B. Within sixty (60) days after the form of the petition shall have been specified, the person or persons circulating the petition shall obtain the signatures of at least fifteen (15) percent of the total registered voters of the City. There shall be noted after each signature on the petition the date signed and the address of the signer. Each person circulating a copy of the petition shall attach a sworn affidavit to it stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition.

C. The signed petition shall be filed with the council within sixty (60) days of the specification of the form of the petition, and within thirty (30) days the council shall order a canvass of the signatures thereon to determine the sufficiency and authenticity of the signatures. The council's canvass shall be completed within thirty (30) days. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this section, the council shall notify the person or persons filing the petition of such insufficiency and allow thirty (30) days for filing of additional papers, at the end of which time the sufficiency or insufficiency of the petition shall be determined finally.

D. Within thirty (30) days after a petition shall have been certified as sufficient by the council, the council shall cause the proposed ordinance, or a summary thereof, to be published in the official journal of the City at least once together with a notice of the date, time and place when and where it will be given a public hearing and be considered for passage which notice shall appear at least ten (10) days prior to the time advertised for the hearing. At the time and place so advertised the council shall hold a public hearing. Subsequent to such hearing, the council shall either:

a. Adopt the proposed ordinance submitted in an initiative petition, without substantive amendments, or effect the repeal of referred to by such petition, or

b. Determine to submit the proposal to the electors.

E. If the council adopts an ordinance following the submission of an initiative petition as provided above, it shall be treated in all respects in the same manner as other ordinances of the same kind adopted by the council.

F. If an initiative ordinance is submitted to a vote of the electors as provided in Section 6-01 (D) above, the election shall take place at the next available election date after the date of the public hearing, preferably in an election already scheduled for other purposes, otherwise in a special election called by the council. The results shall be determined by a majority vote of the electors voting on the proposal.

G. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

H. An ordinance adopted by the electorate through the initiative process shall not be amended or repealed by council action during the term of the council in which it was adopted. The council, however, may submit proposals amending or repealing such ordinances to a vote of the electors.

Section 6-02. Recall.

A. Any elected official of the City may be removed from office by the electors of the City through a recall process. The recall procedure shall be the same as provided in the general laws of the state.

B. If, in a recall election, the majority of those voting, vote for recall, the officer named in the recall petition shall be removed ipso facto from office, and the vacancy thereby created shall be filled as in the case of ordinary vacancies in accordance with this Charter.

Section 6-03. Removal by Suit.

Any elected official of the City may be removed from office by court suit as provided for in the constitution and general laws of the state.

ARTICLE VII.

GENERAL PROVISIONS

Section 7-01. Legal Process.

Legal process against the City shall be served upon the Mayor or in his/her absence, upon the presiding officer of the council.

Section 7-02. Conflict of Interest.

No privilege, rebate, reduced rate or any other thing of value may be directly or indirectly solicited or received by an officer, official or employee of the City from any person, firm, or corporation doing business with the City.

Any City officer or employee who has a substantial economical interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the City or in the sale of any land, material, supplies or services to the City or to a contractor supplying the City shall make known that interest and shall be prohibited from voting or otherwise participating in the capacity of a City officer or employee in the making of such sale or in the making or performance of such contract. Any City officer or employee who willfully conceals such a substantial economical interest or willfully violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit the office or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the City shall render the contract or sale void.

Section 7-03. Code of Ethics.

The proper operation of the municipal government provided for by this charter requires that officers, officials, and employees of the City be independent, impartial and responsible to the people; the decisions and policy be made in the best interest of the people, the community and the government, and that the public have confidence in the integrity of its government.

Section 7-04. Amending or Repealing the Charter.

A. Proposals to amend or repeal this charter may be made either by the council or by petition signed by not less than twenty-five (25%) percent of the qualified voters of the City. The procedures and time limits for filing such a petition, for holding a public hearing on the matter and for calling an election on the petition request shall be the same as provided for in Section 6-01 (Initiative and Referendum). A petition shall contain the full text of the proposed amendment.

B. Proposals to amend or repeal this charter shall be submitted for ratification to the registered qualified voters of the City, preferably in an election already scheduled for other purposes, otherwise in a special election called by the council. The results shall be determined by a majority vote of the electors voting on any particular proposal.

C. Proposals by the council and by petition may be submitted to the voters at the same election and voters may, at their option, accept or reject any or all such proposals. Should conflicting proposals be approved att he same election, the one receiving the greater number of affirmative votes shall prevail to the extent of such conflict.

D. Proposals to amend or repeal the same sections of this charter shall not be submitted more often then every two (2) years and no amendment or repeal shall shorten the term for which any official was elected or reduce the salary of office for that term.

Section 7-05. Bonding of Officers.

The Mayor, Mayor Pro Temp, Tax Collector, Finance Director, any person authorized to sign checks on behalf of the City, and such other City officers or employees as the Mayor may designate shall give bond in the amount and with the surety prescribed by the Mayor. The premiums on such bonds shall be paid by City.

Section 7-06. Oath of Office.

All elected officials of the City shall take an oath of office before entering upon the duties of their offices. The oath may be administered by any person qualified by law to do so.

Section 7-07. Personnel Administration.

The City of New Iberia shall comply with state statutes with regards to Civil Service, including Act 399 of 1966.

Section 7-08. Boards and Commissions.

A. The Mayor may appoint boards and commissions to advise him/her regarding the operations of City services or other activities. No such board or commission shall exercise any administrative or legislative responsibility. This provision shall not apply to a board or commission created by ordinance or in accordance with general state laws.

B. A member of an advisory board or commission shall receive no compensation for service, other than reimbursement for ordinary and necessary expenses, and shall serve at the pleasure of the Mayor.

C. Members of all existing boards and commissions shall complete their terms of office, except as may be provided by this charter.

Section 7-09. Reconstitution of Government.

In the event of war or public disaster that incapacitates the Mayor and/or a majority of the council, the remaining members of the government may act on an emergency basis and appoint such other officials as is necessary to reconstitute a government of the City. It shall be the intent of this section that these emergency powers shall subsist only so long as an emergency exists and that regularly constituted elections shall be held as soon as it is judicially determined that conditions permit their being held. If every local elected official is incapacitated any citizen of the City of New Iberia, local elected official or state elected official can request the Governor of the State of Louisiana to reconstitute a government in emergencies until elections can be held.

Article VIII.

TRANSITIONAL PROVISIONS

Section 8-01. Council Districts.

ELECTION DISTRICT 1

Beginning at the center junction of the intersection of the Southern Pacific Railroad and junction with the western corporate limits of the City of New Iberia, thence proceed in a southeasterly direction on the center right of way of the Southern Pacific Railroad to junction with the center right of way of South Lasalle Street, thence proceed in a northeasterly direction on the center right of way of South Lasalle Street to junction with the center right of way of West St. Peter Street, thence proceed in asoutheasterly direction on the center right of way of West St. Peter Street to junction with the center right of way of South Vine Street, thence proceed in a northeasterly direction on the center right of way of South Vine Street to junction with the center right of way of West Main Street, thence proceed in a southeasterly direction on the center right of way of West Main Street to junction with the center right of way of North Corinne Street, thence proceed in a northeasterly direction on the center right of way of North Corinne Street to the junction with the center right of way of Fulton Street, thence proceed in a southeasterly direction on the center right of way of Fulton Street to junction with the center right of way of Jefferson Street, thence proceed in a northeasterly direction on the center right of way of Jefferson Street to junction with the center right of way of Front Street, thence proceed in a Southeasterly direction on the center right of way of Front Street to junction with the center right of way of Rosier Street, thence proceed in a northeasterly direction on the center right of way of Rosier Street to junction with the center right of way of Miller Lane, thence proceed in a northwesterly direction on the center right of way of Miller Lane to junction with the center right of way of Henry Street, thence proceed in a northwesterly direction on the center right of way of Henry Street to junction with the center right of way of Allen Street, thence proceed in a northeasterly direction on the center right of way of Allen Street to junction with the center right of way of Edgewater Drive, thence proceed in a westerly direction on the center right of way of Edgewater Drive to junction with the center right of way of Indest Street, from said point continue in a northeasterly direction on an extension line of Indest Street, if extended, to junction with the center flow channel of Bayou Teche and the northern corporate limits of the City of New Iberia, thence proceed in a westerly direction and follow the corporate limits of the City of New Iberia to junction with the center right of way of the Southern Pacific Railroad, which is point of beginning.

ELECTION DISTRICT 2

Beginning at the center right of way of the Southern Pacific Railroad and junction with the western corporate limits of the City of New Iberia, thence proceed in a southeasterly direction on the center right of way of the Southern Pacific Railroad to junction with the center right of way of South Lasalle Street, thence proceed in a southwesterly direction on the center right of way of South Lasalle Street to junction with the center right of way of Field Street, thence proceed in a southeasterly direction on the center right of way of Field Street to junction with the center right of way of Frenzel Street, thence proceed in a southwesterly direction on the center right of way of Frenzel Street to junction with the center right of way of Breaux Alley, thence proceed in a southeasterly direction on the center right of way of Breaux Alley to junction with the center right of way of South Hopkins Street, thence proceed in a northeasterly direction on the center right of way of South Hopkins Street to junction with the center right of way of West Dale Street, thence proceed in a southeasterly direction on the center right of way of West Dale Street to junction with the center right of way of St. Jude Avenue, thence proceed in a southwesterly direction on the center right of way of St. Jude Avenue to the junction with the center right of way of St. Mary Street, thence proceed in a northwesterly direction on the center right of way of St. Mary Street to junction with the center right of way of South Hopkins Street, thence proceed in a southwesterly direction on the center right of way of South Hopkins Street to junction with the southern corporate limits of the City of New Iberia, thence proceed in a northwesterly direction and follow the corporate limits of the City of New Iberia to junction with the center right of way of the Southern Pacific Railroad, which is point of beginning.

ELECTION DISTRICT 3

Beginning at the center junction of the intersection of the Commercial Canal and junction with the southern corporate limits of the City of New Iberia, thence proceed in a northerly direction on the center flow channel of the Commercial Canal to junction with the center right of way of Admiral Doyle Drive, thence proceed in a westerly direction on the center right of way of Admiral Doyle Drive to junction with the center right of way of Bank Avenue, thence proceed in a northeasterly direction on the centerright of way of Bank Avenue to junction with the center right of way of Versailles Crescent, thence proceed in a northwesterly direction on the center right of way of Versailles Crescent to junction with the center right of way of Henshaw Drive, thence proceed in a northerly direction on the center right of way of Henshaw Drive to junction with the center right of way of East Dale Street, thence proceed in a southeasterly direction on the center right of way of East Dale Street to junction with the center right of way of Bank Avenue, thence proceed in a northeasterly direction on the center right of way of Bank Avenue to junction with the center right of way of Hacker Street, thence proceed in a northwesterly direction on the center right to [of] way of Hacker Street to junction with the center right of way of Iberia Street, thence proceed in a southwesterly direction on the center of way of Iberia Street to junction with the center right of way of West Dale Street, thence proceed in a northwesterly directionon the center right of way of West Dale Street to junction with the center right of way of St. Jude Avenue, thence proceed in a southwesterly direction on the center right of way of St. Jude Avenue to junction with the center right of way of St. Mary Street, thence proceed in a northwesterly direction on the center right of way of St. Mary Street to junction with the center right of way of South Hopkins Street, thence proceed in a southwesterly direction on the center right of way of South Hopkins Street to junction with the with the southern corporate limits of the City of New Iberia, thence proceed in a southeasterly direction and following the corporate limits of the City of New Iberia to junction with the center flow channel of the Commercial Canal, which is point of beginning.

ELECTION DISTRICT 4

Beginning at the center junction of the intersection of the Commercial Canal and junction with the southern corporate limits of the City of New Iberia, thence proceed in a northerly direction on the center flow channel of the Commercial Canal to junction with the center right of way of Admiral Doyle Drive, thence proceed in a westerly direction on the center right of way of Admiral Doyle Drive to junction with the center right of way of Bank Avenue, thence proceed in a northeasterly direction on the centerright of way of Bank Avenue to junction with the center right of way of Versailles Crescent, thence proceed in a northwesterly direction on the center right of way of Versailles Crescent to junction with the center right of way of Henshaw Drive, thence proceed in a northerly direction on the center right of way of Henshaw Drive to junction with the center right of way of East Dale Street, thence proceed in a southeasterly direction on the center right of way of East Dale Street to junction with the center right of way of Cherokee Street, thence proceed in a southwesterly direction on the center right of way of Cherokee Street to its termination, thence continue from termination of Cherokee Street on a line of Cherokee to junction with the center flow channel of the Commercial Canal, thence proceed in a southeasterly direction on the center flow channel of the Commercial Canal to junction with Drainage Outfall, thence proceed in a northeasterly direction on the center flow channel of the Drainage Outfall to junction with the center right of way of Rex Street, thence proceed in a southeasterly direction on the center right of way of Rex Street to junction with the center right of way of Ann Street, thence proceed in a southwesterly direction on the center right of way of Ann Street to junction with the center right of way of East Admiral Doyle Drive, thence proceed in an easterly direction on the center right of way of Admiral Doyle Drive to the junction with the center right of way of South Lewis Street, thenceproceed in a northeasterly direction on the center right of way of South Lewis Street to junction with the center right of way of Ivan Street, thence proceed in a northwesterly direction on the center right of way of Ivan Street to junction with the center right of way of Bergerie Street, thence proceed in a northeasterly direction on the center right of way of Bergerie Street to junction with the center right of way of Twenty Arpent Road, thence proceed in a westerly direction on the center right of way ofTwenty Arpent Road to junction with Calhoun Street, thence proceed in a northeasterly direction on the center right of way of Calhoun Street to junction with the center right of way of Park Avenue, thence proceed in a southeasterly direction on the center right of way of Park Avenue to junction with the center right of way of James Street, thence proceed in a northeasterly direction on the center right of way of James Street to junction with the center right of way of Mary Street, thence proceed in a westerly direction on the center right of way of Mary Street to junction with the center right of way of Lee Street, thence proceed in a northeasterly direction on the center right of way of Lee Street to junction with the center right of way of East Main Street, thence proceed in a westerly direction on the center right of way of East Main Street to junction with the center right of way of Teche Street, thence proceed in a northeasterly direction on the center right of way of Teche Street and continue to the street's termination, thence continue on an extension, if extended, of Teche Street to junction with the center flow channel of Bayou Teche, thence proceed in a easterly direction on the center flow channel of Bayou Teche to junction with the eastern corporate limits of the City of New Iberia, thence proceed in a southerly direction and follow the corporate limits of the City of New Iberia to junction with the center flow channel of the Commercial Canal, which is point of beginning.

ELECTION DISTRICT 5

Beginning at the junction of Southern Pacific Railroad and the center right of way of South Lasalle Street, thence proceed in a southwesterly direction on the center right of way of South Lasalle Street to junction with the center right of way of Field Street, thence proceed in a southeasterly direction on the center right of way of Field Street to junction with the center right of way of Frenzel Street, thence proceed in a southwesterly direction on the center right of way of Frenzel Street to junction with the center right of way of Breaux Alley, thence proceed in a southeasterly direction on the center right of way of Breaux Alley to junction with the center right of way of South Hopkins Street, thence proceed in a northeasterly direction on the center right of way of South Hopkins Street to junction with the center right of way of West Dale Street, thence proceed in a southeasterly direction on the center right of way of West Dale Street to junction with the center right of way of Iberia Street, thence proceed in a northeasterly direction on the center right of way of Iberia Street to junction with the center right of way of Hacker Street, thence proceed in a southeasterly direction on the center right of way of Hacker Street to junction with the center right of way of Bank Avenue, thence proceed in a southwesterly direction on the center right of way of Bank Avenue to junction with the center right of way of East Dale Street, thence proceed in a southeasterly direction on the center right of way of East Dale Street to junction with the center right of way of Cherokee Street, thence proceed in a southwesterly direction on the center right of way of Cherokee Street to its termination, thence continue from termination of Cherokee Street on a line of Cherokee to junction with the center flow channel of the Commercial Canal, thence proceed in a southeasterly direction on the center flow channel of the Commercial Canal to junction with Drainage Outfall, thence proceed in a northeasterly direction on the center flow channel of the Drainage Outfall to junction with the center right of way of Rex Street, thence proceed in a southeasterly direction on the center right of way of Rex Street to junction with the center right of way of Ann Street, thence proceed in a southwesterly direction on the center right of way of Ann Street to junction with the center right of way of East Admiral Doyle Drive, thence proceed in a easterly direction on the center right of way of Admiral Doyle Drive to the junction with the center rightof way of South Lewis Street, thence proceed in a northeasterly direction on the center right of way of South Lewis Street to junction with the center right of way of Ivan Street, thence proceed in a northwesterly direction on the center right of way of Ivan Street to junction with the center right of way of Bergerie Street, thence proceed in a northeasterly direction on the center right of way of Bergerie Street to junction with the center right of way of Twenty Arpent Road, thence proceed in a westerly direction on the center right of way of Twenty Arpent Road to junction with Calhoun Street, thence proceed in a northeasterly direction on the center right of way of Calhoun Street to junction with the center right of way of Park Avenue, thence proceed in southeasterly direction on the center right of way of Park Avenue to junction with the center right of way of James Street, thence proceed in a northeasterly direction on the center right of way of James Street to junction with the center right of way of Mary Street, thence proceed in a westerly direction on the center right of way of Mary Street to junction with the center right of way of Lee Street, thence proceed in a northeasterly direction on the center right of Lee Street to junction with the center right of way of East Main Street, thence proceed in a westerly direction on the center right of way of East Main Street to junction with the center right of way of Teche Street, thence proceed in a northeasterly direction on the center right of way of TecheStreet and continue to the street's termination, thence continue on an extension, if extended, of Teche to junction with the center flow channel of Bayou Teche, thence proceed in a northwesterly direction on the center flow channel of Bayou Teche to junction with the center right of way of the Jefferson Street Bridge, thence proceed in a southwesterly direction on the center right of way of Jefferson Street to junction with the center right of way of Fulton Street, thence proceed in a northwesterly direction on the center right of way of Fulton Street to junction with the center right of way of North Corinne Street, thence proceed in a southwesterly direction on the center right of way of North Corinne Street to junction with the center right of way of West Main Street, thence proceed in a northwesterly direction on the center right of way of West Main Street to junction with the center right of way of Vine Street, thence proceed in a southwesterly direction on the center right of way of Vine Street to junction with the center right of way of West St. Peter Street, thence proceed in a northwesterly direction on the center right of way of West St. Peter Street to junction with the center right of way of South Lasalle Street, thence proceed in a southwesterly direction on the center right of way of South Lasalle Street to junction with the center right of way of Southern Pacific Railroad, which is the point of beginning.

ELECTION DISTRICT 6

Beginning at the junction of the center right of way of the Jefferson Street Bridge and junction with the center flow channel of Bayou Teche, thence proceed in a northeasterly direction on the center right of way of Jefferson Street to junction with the center right of way of Front Street, thence proceed in a Southeasterly direction on the center right of way of Front Street to junction with the center right of way of Rosier Street, thence proceed in a northeasterly direction on the center right of way of Rosier Street to junction with the center right of way of Miller Lane, thence proceed in a northwesterly direction on the center right of way of Miller Lane to junction with the center right of way of Henry Street, thence proceed in a northwesterly direction on the center right of way of Henry Street to junction with the center right of way of Allen Street, thence proceed in a northeasterly direction on the center right of way of Allen Street to junction with the center right of way of Edgewater Drive, thence proceed in a westerly direction on the center right of way of Edgewater Drive to junction with the center right of way of Indest Street, thence proceed in a northeasterly direction on Indest Street, if extended, to junction with the center flow channel of Bayou Teche, which is also the northern corporate limits of the City of New Iberia, thence proceed a easterly direction and follow the corporate limits of the City of New Iberia to junction with the center flow channel of Bayou Teche, thence continue in a westerly direction on the center flow channel of Bayou Teche to junction with the center right of way of Jefferson Street Bridge which is point of beginning.

Section 8-02. Continuation of Officers.

Nothing in this Charter shall be construed to affect the term of office of any incumbent elected City official or of any officer or member of a board or commission appointed for a fixed term. All such officers shall serve the terms for which elected or appointed until their successors are elected or appointed and qualified.

Section 8-03. Continuation of Actions.

All writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, contracts, franchises, debt or other obligations due by the city, rights or causes of action, claims, demand, titles and rights existing on the effective date of this Charter shall continue unaffected. All sentences for punishment of ordinance violations or for crime shall be executed according to their terms.

Section 8-04. Special Districts.

Any special district heretofore established and existing in the City shall continue to exists to effectuate the purpose for which it was created, to complete any works begun or authorized therein to pay the debts of the district and to levy taxes and other charges as may have been or may be legally authorized in the district.

Section 8-05. Special Acts.

All special acts pertaining to the City, insofar as they are in conflict with the provisions of this Charter, shall henceforth be inoperative and of no effect.

Section 8-06. City Retirement Systems.

All pension and retirement systems presently in existence in the City shall not be affect in any way by this Charter and shall remain in full force and effect and shall be carried out and regulated in accordance with applicable laws and procedures.

Section 8-07. Declaration of Intent.

This Charter shall be liberally construed in aid of its declared intent which is to establish for the people of the City effective home rule free from legislative interference as to the structure and organization of its local government, and with the power and authority to manage its local affairs, all as contemplated and intended by the Provisions of Article VI, Sections 5 and 6 of the constitution.

Section 8-08. Severability.

If any provision of this Charter is declared invalid for any reason, that provision shall not affect the validity of this Charter or any other provision thereof.

Section 8-09. Schedule of Transition.

This charter shall be effective January 1, 2009. The Mayor and the City Council members elected in the municipal election if the fall of 2008 shall qualify and the Charter shall take effect at that time. They shall take office on January 1, 2009 and shall be governed by the provisions of this Charter from that date.

Section 8-10. Election of Officials.

Municipal elections for the officials provided for by this Charter shall be held on the dates established by general state law applicable to the City. Initial terms of office shall begin on January 1, 2009 and subsequent terms shall begin January 1 every four years thereafter.

Section 8-11. Ballot for this Charter.