§ 33:2740.70.9 — Railroad Avenue Historic Cultural Economic District

Louisiana § 33:2740.70.9

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§2740.70.9. Railroad Avenue Historic Cultural Economic District
A. There is hereby created within the city of Jeanerette, as more specifically provided
in Subsection B of this Section, a body politic and corporate which shall be known as the
Railroad Avenue Historic Cultural Economic District, referred to in this Section as the
"district". The district shall be a political subdivision of the state as defined in the
Constitution of Louisiana.
B. The boundaries of the district shall encompass the area included within the
Railroad Avenue Historic Cultural District.
C. The district is created to provide for cooperative economic and community
development among the district, the city, the state, and the owners of property in the district;
to enhance the development of and improvement to the property within the area of the
district; to provide for cultural enrichment and preservation; to develop stable and more
extensive employment opportunities, to improve infrastructure; and to promote the overall
welfare of the citizens of the district.
D.(1) In order to provide for the orderly development of the district and effect the
purposes of the district, the district shall be administered and governed by a board of
commissioners, referred to in this Section as the "board", composed of seven voting members
and one nonvoting member as follows:
(a) The governing board of the Jeanerette Chamber of Commerce shall appoint one
member who is a member of the chamber and a resident of Iberia Parish.
(b) The governing authority of the city of Jeanerette shall appoint one member from
the governing authority who represents Ward 1 or Ward 2.
(c) The member of the Louisiana House of Representatives whose district
encompasses all or the greater portion of the area of the district shall appoint one member.
(d) The member of the Louisiana Senate whose district encompasses all or the
greater portion of the area of the district shall appoint one member.
(e) The member of the governing authority of the parish of Iberia who represents
District No. 12 shall appoint one member.
(f) The mayor of the city of Jeanerette shall appoint one member who is a resident
of the Railroad Avenue Historic Cultural District.
(g) The governing board of the Small Town Arts and Festival Foundation shall
appoint one member.
(h) The mayor shall be a nonvoting member of the board.
(2) Appointed board members shall serve three-year terms after initial terms as
provided in this Paragraph. Three members shall serve an initial term of three years; two
shall serve an initial term of two years; and two shall serve an initial term of one year, as
determined by lot at the first meeting of the board.
(3) Any vacancy which occurs prior to the expiration of the term for which a member
of the board has been appointed shall be filled for the remainder of the unexpired term in the
same manner as the original appointment.
(4) The board shall elect from its members a president, a vice president, a secretary,
a treasurer, and such other officers as it may deem necessary. The duties of the officers shall
be fixed by the bylaws adopted by the board.
(5) The minute books and archives of the district shall be maintained by the secretary
of the board. The monies, funds, and accounts of the district shall be in the official custody
of the board.
(6) The board shall adopt such rules and regulations as it deems necessary or
advisable for conducting its business affairs. It shall hold regular meetings as shall be
provided for in the bylaws and may hold special meetings at such times and places within the
district as may be prescribed in the bylaws.
(7) A majority of the voting members of the board shall constitute a quorum for the
transaction of business. The board shall keep minutes of all meetings and shall make them
available through the secretary of the board to residents of the district.
(8) The members of the board shall serve without compensation; however, they may
be reimbursed for expenses incurred while attending to the business of the board or the
district.
E. The district, acting by and through its board, shall have and exercise all powers
of a political subdivision necessary or convenient for carrying out its objects and purposes,
including but not limited to the following:
(1) To sue and to be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To adopt bylaws and rules and regulations.
(4) To receive by gift, grant, or donation any sum of money, property, aid, or
assistance from the United States, the state of Louisiana, or any political subdivision thereof,
or any person, firm, or corporation.
(5) To enter into contracts, agreements, or cooperative endeavors with the state and
its political subdivisions or political corporations and with any public or private association,
corporation, business entity, or individual.
(6) To appoint officers, agents, and employees; prescribe their duties; and fix their
compensation.
(7) To acquire by purchase, gift, grant, donation, or lease property as may be
necessary or desirable for carrying out the objectives and purposes of the board.
(8) To fund and host festivals, parades, and other arts and cultural activities.
(9) To perform any other necessary and ancillary acts to effectuate its functions, to
perform its duties, or to give effect to its powers in accordance with this Section.
F.(1) In addition to the authority provided to the district by this Section, the district
may levy and collect a sales and use tax within the boundaries of the district not to exceed
one percent.
(2) The tax shall be imposed by resolution of the board and shall be levied upon the
sale at retail, the use, the lease or rental, the consumption, the distribution, and the storage
for use or consumption of tangible personal property or digital products and upon the sales
of services within the boundaries of the district, all as defined in R.S. 47:301 et seq.
However, the resolution imposing the tax shall be adopted only after the proposition
authorizing the levy of the tax is approved by a majority of the qualified electors of the
district voting on the proposition at an election held for that purpose and conducted in
accordance with the Louisiana Election Code. The purpose and rate of the tax shall be as
provided in the resolution.
(3) Except where inapplicable, the procedure established by R.S. 47:301 et seq. shall
be followed in the imposition, collection, and enforcement of the tax, and procedural details
necessary to supplement those Sections and to make them applicable to the tax authorized
in this Subsection shall be fixed in the resolution imposing the tax.
(4) The tax shall be imposed and collected uniformly throughout the jurisdiction of
the district.
(5) The tax levied pursuant to this Subsection shall be in addition to all other taxes
other political subdivisions within the jurisdiction of the district are authorized to levy and
collect.
(6) Any monies received by the district shall be used exclusively for the benefit of
the district.
G.(1)(a) In addition to any authority provided to the district by this Section, the
district shall have the authority provided to an economic development district by Part II of
Chapter 27 of this Title to implement tax increment financing and may issue revenue bonds
payable from an irrevocable pledge and dedication of up to the full amount of tax increments
available to an economic development district as provided in this Section and in such Part
to be derived from any project or projects of the district as provided for in this Section, or
parts of the projects, in an amount to be determined as provided for in this Section, in order
to finance or refinance any project or projects, or parts thereof, which are consistent with the
purposes of the district.
(b) Notwithstanding any provision of law to the contrary, any portion of the tax of
any local governmental subdivision or other tax recipient body may only be used as a tax
increment for tax increment financing purposes with the consent of the local governmental
subdivision or other tax recipient body expressed by ordinance or resolution and upon
approval of a majority of the qualified electors voting at an election held for that purpose and
conducted in accordance with the Louisiana Election Code.
(2) For purposes of the tax increment financing authority derived from Part II of
Chapter 27 of this Title which is conferred upon the district by this Section, and only for
purposes of this Section, "local governmental subdivision" as defined in such Part shall
include the parish of Iberia and all political subdivisions within the parish.
(3) For purposes of this Section, a tax increment shall consist of that portion of any
tax levied within the district by a local governmental subdivision or other tax recipient body
determined and pledged in the manner provided for in Part II of Chapter 27 of this Title.
However, if the proceeds of the tax have been expressly dedicated to another purpose set
forth in a proposition approved by the electorate of the local governmental subdivision or
other tax recipient body, then the tax proceeds may not be used as a tax increment until a
proposition which authorizes the use is submitted to and approved by the electorate.
H. The district shall dissolve and cease to exist one year after the date that all bonds,
notes, and other evidences of indebtedness of the district, including refunding bonds, are paid
in full as to both principal and interest.

Legislative History

Acts 2025, No. 138, §1, eff. June 8, 2025.