Answer

Yes. The Local Services Law, R.S. 33:1324(5) specifically authorizes parish and municipal governments to jointly undertake the construction of libraries. The Parish and the Town may through a written Cooperative Endeavor Agreement set forth their respective contributions to the project, i.e. the Town will provide the land and the parish will handle the construction of the building. The Parish and Town should work with their respective legal counsel to ensure compliance with Article VII, §14 of the Louisiana Constitution and the requirements of the Local Services Law, R.S. 33: 1321, et seq. For the purposes of Article VII, §14, the cooperative endeavor agreement should document how each entity’s contributions to the project will satisfy the three prongs of the Cabela’s test. Those prongs are: 1. The expenditure of public funds or transfer of property is for a public purpose for which the public entity is authorized to carry out. The Local Services Law, R.S. 33:1324(5) appears to provide this authority to the Parish and Town. 2. The expenditure of public funds or transfer of property is not wholly gratuitous. This can be satisfied by showing mutual obligations of the Parish and Town. 3. The public entity must have a reasonable expectation of receiving something of a greater than or equal value to the public funds or property that it is giving up. For examples of a Cooperative Endeavor Agreement and additional AG guidance on the Cabela’s test, please see the LLA’s FAQ on Cooperative Endeavor Agreements on the LLA’s Legal Assistance Page. Louisiana Legislative Auditor website: 08/02/2025 02:54:06 AM