§ 33:9038.70 — Special district in certain cities

Louisiana § 33:9038.70

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9038.70. Special district in certain cities
A. Definitions. As used in this Section, "city" means any municipality governed by
a home rule charter and with a population between seven thousand and eight thousand
persons according to the latest federal decennial census.
B. Creation. The governing authority of the city may, by ordinance, create a special
taxing district and political subdivision of the state, hereinafter referred to as the "district".
C. Boundaries. The ordinance creating the district shall establish its boundaries
which shall be within the corporate limits of the city.
D. Purpose. The district is created to provide for cooperative economic development
between the district, the city, and the owner or owners of businesses and other property
within the district in order to provide for costs related to infrastructure within the district as
determined by the board of commissioners of the district.
E. Governance. (1) In order to provide for the orderly development of the district
and effectuation of the purposes of the district, the district shall be administered and
governed by a board of commissioners as follows:
(a) The mayor of the city, or his designee.
(b) The presiding officer of the city council, or his designee.
(c) The chief executive officer of the downtown development district, or his
designee.
(d) Any person who is an owner of property within the district, or an authorized
representative of an entity which is an owner of property within the district, if such person
or authorized representative applies to the board for membership on the board, or that
person's or representative's designee.
(2) A majority of the 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 for inspection through the board's secretary. The minute books and archives of the
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.
(3) The board shall adopt bylaws and prescribe rules to govern its meetings. The
members of the board shall serve without salary or per diem and shall be entitled to
reimbursement for reasonable, actual, and necessary expenses incurred in the performance
of their duties.
(4) The domicile of the board shall be established by the board at a location within
the city.
(5) The board shall elect from its own members a president and secretary, whose
duties shall be common to the offices or as may be provided by bylaws adopted by the
district. The board shall hold regular meetings and may hold special meetings as provided
in the bylaws. All meetings shall be public meetings subject to the provisions of the Open
Meetings Law.
F. Rights and powers. In addition to the taxing, tax increment finance, and bonding
authority provided for in Subsection G of this Section, the district, acting by and through its
board of commissioners, shall have and exercise all powers of a political subdivision and a
special district necessary or convenient for the carrying out of its objects and purposes
including but not limited to the following:
(1) To sue and to be sued.
(2) To adopt bylaws and rules and regulations.
(3) 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.
(4) 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.
(5) To appoint officers, agents, and employees, prescribe their duties, and fix their
compensation.
(6) To acquire by gift, grant, purchase, or lease, but not by expropriation, 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.
(7) 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.
(8) To establish such funds or accounts as are necessary for the conduct of the affairs
of the district.
(9) To do all things reasonably necessary to accomplish the purposes of this Section.
(10) To designate by ordinance any territory within the district as a subdistrict in
which shall be exercised, to the exclusion of the remainder of the district, any authority
provided to the district by Subsection G of this Section or any other provision of this Section
or other law.
G. Taxing, tax incremental financing, and bonding authority. (1) To provide for the
costs of a project to fund infrastructure within the district, the district shall have such tax
increment finance authority, taxing authority, and other authority that is provided to local
governmental subdivisions in Part II of Chapter 27 of Title 33 of the Louisiana Revised
Statutes of 1950, including but not limited to the following: ad valorem tax increment
financing and bonding in R.S. 33:9038.33; sales tax increment financing and bonding in R.S.
33:9038.34; cooperative endeavor authority in R.S. 33:9038.35; bond authority in R.S.
33:9038.38; and ad valorem, sales tax, and hotel occupancy tax authority in R.S. 33:9038.39.
The project to fund infrastructure within the district is hereby deemed to be an "economic
development project" within the meaning provided for in that Part. An agreement entered
into by the district and any affected tax recipient entity authorizing the use and dedication of
the affected tax recipient entity's incremental increase in taxes may include additional public
or private entities as parties to such agreement and may include such terms, conditions, and
other provisions to which all parties to such agreement consent.
(2) Notwithstanding any provision of Part II of Chapter 27 of Title 33 of the
Louisiana Revised Statutes of 1950 or any other law to the contrary, any powers, authorities,
or duties granted under such laws may be restricted to a subdistrict the territory of which
shall be established by ordinance of the board of commissioners of the district.
H. Project financing. (1) The district may pledge any taxes collected under the
authority of this Section to any economic development project in furtherance of the purposes
of the district.
(2) Notwithstanding R.S. 33:9038.34(A)(2), (6), Subsection J of this Section, or any
other provision of law to the contrary, nothing in this Section shall authorize the dedication
of a state tax increment. Sales tax increments shall not include any sales and use taxes levied
by the state, but may be comprised only of sales and use tax levied by the political
subdivisions within the district.
I. 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.
J. Liberal construction. This Section, being necessary for the welfare of the city and
its residents, shall be liberally construed to effect the purposes thereof.

Legislative History

Acts 2016, No. 514, §1, eff. June 16, 2016.