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2005-2006 Louisiana Attorney General Reports and Opinions 1 (2005-2006)

handle is hein.sag/sagla0005 and id is 1 raw text is: December 8, 2005 OPINION NUMBER 05-0001 13-A CORPORATIONS Hon. L. J. Joey Durel, Jr. Political subdivisions, or their respective commissions, can establish non-profit corporations to perform services on City-Parish President behalf of the political subdivision or commissions, as long Lafayette Consolidated Government as the political subdivision or commissions have express or 705 W. University Avenue implied authorityto do so. P.O. Box 4017-C Lafayette, Louisiana 70502 Dear President Durel, You requested an Attorney General's opinion regarding the operation of the Cajundome. You question whether there is any legal impediment to the Cajundome, as a political subdivision, forming a non-profit public corporation for purposes of concessions and catering sales and purchases. You indicate that insurance for such a corporation would be significantly less than would insurance for the Cajundome conducting the same activities. First, it should be noted that the Cajundome is not a political subdivision. The Cajundome is a multi-purpose academic, civic and community assembly center, and is owned by the University of Louisiana Lafayette (formerly the University of Southwestern Louisiana or USL). The Cajundome is operated by the Cajundome Commission (Commission), which was created pursuant to an Intergovernmental Agreement (Agreement) between the University of Southwestern Louisiana and the City of Lafayette, Louisiana dated September 22, 1987. Under the terms of the Agreement, the Commission has the full authority to operate the Cajundome. Section 1(B) of the Agreement provides: B. The Commission shall be a body corporate under the corporate name and style designated as The Cajundome Commission and shall have full authority to operate consistent with the objectives set forth in the second Whereas paragraph above1 and/or (with permission of the owner) add to WHEREAS, the parties do hereby declare that the purpose of this agreement is to fulfill the following objectives: A. Fulfillment of the amended Ownership Agreement between the City and USL. B. Use of all other available dates during fiscal year to primarily pursue arena/concert-type events.

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