§ 33:2740.24 — Minden Downtown Development District; commission; powers

Louisiana § 33:2740.24

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§2740.24. Minden Downtown Development District; commission; powers
A. The legislature hereby finds and declares that it is necessary for the public, health,
safety, and welfare of the city of Minden that the property value deterioration in the principal
area or areas of the city of Minden zoned for business and known generally as the central
business district be halted, since the central business district is the center of commercial,
civic and cultural activities of the area. The legislature further finds that the supervision of
the central business district can best be perpetuated by the continuance of the Minden Main
Street Project.
B. In order to fund the continuation of this program and for purposes provided in this
Section, a special taxing district is created within the city of Minden to be composed of the
area of the city of Minden having the following boundaries:
Begin at a point where Dennis Street intersects with Highway 80 (Shreveport Road)
and from this point of beginning run in a northeasterly direction and along Dennis Street to
a point that is one-half way between Murrell Street and Spann Street, thence in a
northwesterly direction and parallel to Murrell Street run to Pennsylvania Avenue, thence in
a southwesterly direction and along Pennsylvania Avenue run to First Street, thence in a
northwesterly direction and along First Street run to Gleason Street, thence northeasterly run
one lot deep in line with the extension of Gleason Street, thence northwesterly and parallel
to Murrell Street run to Main Street, thence run in a southwesterly direction along Main
Street to McDonald Street, thence north and along McDonald Street run to Chaffee Street,
thence run along Chaffee Street and across Cedar Street to a point that is on Minden Medical
Center's northeast property line, thence northwesterly one lot deep and to a point on Minden
Medical Center's north property line, thence southwesterly to West Union Street, thence
southeasterly and along West Union Street one block deep, thence in a southwesterly
direction and along lot lines to Pine Street, thence in a southeasterly direction and along Pine
Street to a point that is one lot deep from the intersection of Monroe Street with Pine Street,
thence in a southwesterly direction and following lot lines run to the intersection of Dennis
Street with Highway 80 (Shreveport Road), which is the point of beginning.
The special taxing district shall be known as, and is hereby designated the Downtown
Development District of the City of Minden, hereinafter referred to as the "district".
C.(1) The district shall be governed by a commission, which is hereby designated as
the Downtown Development District Commission. The commission shall be composed of
seven members, all of whom shall be qualified voters of the city of Minden or hold a
majority interest in a business or property located in the district. The seven members shall
be appointed by the mayor of the city of Minden upon the approval of the city council with
due consideration being given to the needs and desires of the commission. The commission
shall appoint subcommittees, for various needs and events, with no limitations on residency.
(2) In addition, the mayor of the city of Minden and the director shall be nonvoting
ex officio members of the commission.
(3)(a) The members of the board initially appointed shall have terms of office as
follows:
(i) Two members for one year each;
(ii) Two members for two years each; and
(iii) Three members for three years each.
(b) The length of the term for each individual appointed shall be determined by lot
at the first meeting of the board.
(c) The members of the board shall serve until their successors have been appointed
and qualified.
(d) The terms of members of the board appointed upon the expiration of the initial
terms shall be three years, and upon expiration of a term of office, the successor shall be
appointed in accordance with the procedures herein prescribed for the appointment of the
original members.
(e) Any vacancy which occurs prior to the expiration of the term for which a member
of the board has been appointed shall be filled by appointment in the same manner as the
original appointment for the unexpired term.
D. The commission shall elect a chairman, vice chairman, and a secretary-treasurer
from among its members. The terms of the officers shall be one year, but any officer shall
be eligible for reelection. The commission shall adopt such rules for the transaction of its
business as it deems necessary and shall keep a record of its resolutions, transactions, studies,
findings, and determinations, which record shall be public record. The mayor's office shall
be provided with a copy of all such transactions and records.
E. The mayor, with council approval, shall be empowered to employ a director and
such other employees as are necessary to carry out the functions of the commission. It shall
be the function and duty of the commission and director to formulate the program to
implement the various development plans of the Minden Main Street Project heretofore or
hereafter submitted, upon approval of the mayor of the city of Minden, and the commission
shall revise or amend its decisions from time to time as it sees fit with the approval of the
mayor of the city of Minden. Such a program shall implement the various plans with the
responsibility of aiding and encouraging private development. A copy of such plans shall
be submitted to the mayor's office by the director for review and approval. In carrying out
such programs, the commission may consult with all departments of the city of Minden and
such other public agencies as are concerned with matters affecting or affected by the
program. The commission may conduct studies and based thereon may make such
recommendations as it determines are calculated to implement the intent and purposes of this
Section. The Downtown Development District director shall also serve and function as the
manager of the Minden Main Street Project.
F. In order to provide funds for the implementation of the proposals and programs
of the district, the commission shall submit to the city council, with its proposals and
programs, recommendations and proposals for the levy of special ad valorem taxes not to
exceed at any given time an aggregate of two mills on the dollar of assessed valuation on all
property situated within the district. The proceeds of any such ad valorem tax shall be used
solely and exclusively for the purposes and benefit of the district, and said proceeds may be
expended by the commission for administration, operational expenses, acquiring property
by purchase, donation, exchange, or otherwise as they deem appropriate but not by
expropriation, or the retirement of bonds, or other evidence of indebtedness. However, the
proceeds of any such ad valorem tax shall not be used for any motel or lodging facilities or
industry which would compete with any existing such private enterprise in the district. Any
property acquired by the district shall be disposed of only in accordance with R.S. 33:4712.
The commission may also submit recommendations and proposals for the issuance of bonds
or other evidences of indebtedness, which may be secured by all or part of the proceeds of
said ad valorem tax or ad valorem taxes herein. The proposals, both for the levy of any
special ad valorem tax or for the issuance of bonds, shall be submitted to the Minden city
council for approval. Any proposal for the levy of a special ad valorem tax shall state the
rate, object, and purpose for which the ad valorem tax is to be levied, and the number of
years it is to be levied and collected, and if the proceeds of any ad valorem tax are to be
funded into bonds to be issued pursuant to this Section, the maximum amount of bonds to
be issued, the number of years for which the bonds are to run, and the maximum rate of
interest on the bonds. If the city council approves the proposal or proposals, it shall call an
election for the purpose of submitting the proposition for the ad valorem tax or for the bonds,
or both, to the qualified electors of the city of Minden for their approval or rejection. The
election shall be held in accordance with the applicable laws of the state of Louisiana, and
such proposition shall require, for approval, the favorable vote of a majority of the qualified
electors of the city voting in the election. Any ad valorem taxes levied under authority of this
Section shall be in addition to all the taxes the city council now or hereafter may be
authorized by law to levy and collect. This tax shall not be levied should the city of Minden
fail to appropriate in any year fifteen thousand dollars which is to be expended in the same
manner as provided in this Section for tax revenues of the district. All services and programs
to be provided to the Downtown Development District from the proceeds of any such tax
shall be in addition to the tax services, programs, and projects which would normally be
provided to the central business district by the city government either at present or in the
future.
G. The city council shall review and consider any plan or plans submitted within
thirty days following the submission to it by the commission, and shall adopt or reject such
plan by majority vote of its members. If the city council adopts such a plan, it shall become
final and conclusive and the ad valorem tax may be levied as provided herein. If the city
council rejects the plan, it shall notify the commission of its action, and the commission may
again and from time to time prepare and submit to the city council for its review,
consideration, adoption, or rejection in accordance with the procedures provided herein, a
plan as provided in this Section. Any rejection by the council should consist of specific
written analyses and suggestions for improvement of the plan. Further, it shall be required
that technical assistance shall be provided by the city council if required by the commission
in order that the plans may be improved. Each plan submitted or resubmitted shall set forth
the projects recommended, the estimated cost thereof, recommendations for funding, and
such other information as required by this Section, or by the commission, or the city council.
H. All bonds or other evidences of indebtedness issued pursuant to this Section shall
be issued by the city council by resolution or ordinance and shall be of such series, bear such
date or dates, mature at such time or times, bear interest at such rate or rates, be in such
denominations, be in such form, carry such registration and exchangeability privileges, be
payable at such place or places, be subject to such terms of redemption, be entitled to such
priorities on the ad valorem taxes authorized herein to be levied by the city council in the
district and contain such other terms, all as provided in the proceedings adopted by the city
council authorizing the issuance of the bonds and providing for the security thereof. Such
bonds or other evidences of indebtedness may be sold by the city council at public or private
sale. The authority of the city council to issue bonds of the city pursuant to this Section shall
be in addition to any other authority now or hereafter conferred on the city council to issue
bonds or other evidences of indebtedness.
NOTE: See Acts 2015, No. 333, §2, regarding terms of board members.

Legislative History

Acts 1990, No. 379, §1; Acts 2015, No. 333, §1.