§ 33:9038.60 — Westmoreland Special District

Louisiana § 33:9038.60

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

A. Creation. The governing authority of the parish of East Baton Rouge may create a special district and political subdivision of the state, hereinafter referred to as the "district".
B. Boundaries. The boundaries of the district shall be the same as that of the area known as the Westmoreland Shopping Center, which is located on Government Street in the city of Baton Rouge.
C. Purpose. The district is created to provide for cooperative economic development between the district, the city of Baton Rouge, and the owner or owners of businesses and property within the district in order to provide for renovation, restoration, and development within the district.
D.(1) Governance. In order to provide for the orderly development of the district and to effectuate the purposes of the district, the district shall be administered and governed by a board of commissioners and shall consist of the following:
(a) The mayor-president of the parish of East Baton Rouge or his designee, who shall serve until the last day of the term of the mayor.
(b) The owner of the Westmoreland Shopping Center or his designated representative.
(c) The metropolitan council member whose council district encompasses the district.
(d) The state senator and representative whose senatorial and house districts encompass the district.
(2) The appointing authority shall have the authority to replace the member that it appointed for cause stated in writing or to fill any vacancy of an unexpired term.
(3) All members on the board shall serve without salary, per diem, or other compensation, except that they shall be entitled to reimbursement for reasonable, actual, and necessary expenses incurred in the performance of their duties, which are not otherwise subject to reimbursement.
(4) A majority of the members of the board shall be a quorum. The board shall keep minutes of all meetings and shall make them available for inspection through the board's secretary. The minute books and archives of the special district shall be maintained by the board's secretary. The monies, funds, and accounts of the district shall be in the official custody of the board.
(5) The board shall adopt bylaws and prescribe rules to govern its meetings.
(6) The domicile of the board shall be established by the board at a location within the special district.
(7) The board shall elect from its own members a president, secretary, and treasurer, whose duties shall be common to such offices or may be provided by bylaws. The office of secretary and treasurer may be held by one person. The board shall hold regular meetings and may hold special meetings as provided in the bylaws. All such meetings shall be public meetings subject to the provisions of R.S. 42:11 et seq., relative to open meetings.
E.(1) Rights and powers. The district, acting by and through its board of commissioners, shall have and exercise all powers of a political subdivision and special taxing district necessary or convenient for the carrying out of its objects and purposes, including but not limited to the following:
(a) To sue and be sued.
(b) To adopt bylaws and rules and regulations.
(c) To receive by gift, grant, donation, or otherwise 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.
(d) For the public purposes of the district, 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.
(e) To appoint officers, agents, and employees, prescribe their duties, and fix their compensation. The board may appoint or hire an executive director as it deems necessary for the purpose of carrying out its day-to-day work operations for convenience and effectiveness in the administration of plans. The board may contract with consultants for project management and with developers or planners for such services as it may require. The board may delegate certain authority to its employees, consultants, and executive director to act on its behalf, which delegation of authority shall be specific and in writing.
(f) To acquire by gift, grant, purchase, lease, or otherwise such property as may be necessary or desirable for carrying out the objectives and purposes of the district and to mortgage and sell such property.
(g) In its own name and on its own behalf, to incur debt and to issue bonds, notes, certificates, and other evidences of indebtedness. For this purpose the district shall be deemed and considered to be an issuer for purposes of R.S. 33:9037 and shall, to the extent not in conflict with this Section, be subject to the provisions of R.S. 33:9037. The tax to repay the bonded indebtedness shall be levied through an ordinance adopted by the district's board, only after a special election is held for the purpose of approving the tax by a majority of the electors voting.
(h) To establish such funds or accounts as are necessary for the conduct of the affairs of the district.
(2) The board shall prepare an annual budget of its operating expenses, the total amount of which, exclusive of gifts, shall be within the total amounts appropriated for the purpose by the board.
(3) The board of commissioners shall have an annual audit of its operating expenses available for public review.
F. Term. The district shall dissolve and cease to exist one year after the date all bonds, notes, and other evidences of indebtedness of the district, including refunding bonds, are paid in full as to both principal and interest; however, under no event shall the district have an existence of less than three years or more than thirty years.
G.(1) For purposes of implementing tax increment financing as provided for in this Part, the board shall have all authorities provided for in R.S. 33:9038.34 to implement sales tax increment financing. However, any tax or portion of a tax which has been previously dedicated to another purpose according to a proposition approved by voters shall be used as such a tax increment only if approved by a majority of the voters of the taxing authority levying the tax voting on the proposition in an election held for such purpose.
(2) The board shall designate the boundaries of a sales tax area and shall designate the local sales taxes, which are to be used in determining the sales tax increments, including state sales tax increments, and the initial annual baseline collection rate for the sales tax area, which shall be the amount of such designated sales taxes collected in the sales tax area in the fiscal year of the district most recently completed prior to the establishment of the sales tax area. In addition, a monthly baseline collection rate shall be determined by dividing the initial annual baseline collection rate by twelve. The initial annual baseline collection rate and the monthly baseline collection rate shall be certified by the chief financial officer or equivalent of the district. The certification shall also be published one time in the official journal of the parish of East Baton Rouge. If the amounts of the initial annual baseline collection rate and the monthly baseline collection rate are not contested within thirty days after such publication, then such amounts shall be conclusively presumed to be valid, and no court shall have any jurisdiction to alter or invalidate the designation of the amount of either the initial annual baseline collection rate or the monthly baseline collection rate.
H. The provisions of this Section shall not affect any school system or law enforcement agency for any purpose.
I. Liberal construction. This Section, being necessary for the welfare of the town and its residents, shall be liberally construed to effect the purposes thereof.

Legislative History

Acts 2007, No. 405, §1.