RS 33:9038.77

§9038.77. Special district in certain parishes A. Definitions. As used in this Section, "parish" means any parish with a population between twenty-three thousand and twenty-eight thousand persons according to the latest federal decennial census. B. Creation. The governing authority of the parish 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 jurisdictional limits of the parish. D. Purpose. The district is created to provide for cooperative economic development between the district, the parish, 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 parish president or his designee. (b) A member of the parish council appointed by the parish president. (c) The chairman or director of a port located within the parish. (d) An elected school board member located in the parish appointed by the superintendent. (e) A member of the business community within the district appointed by the parish president. (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 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 parish. (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 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. Tax increment 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 and other authority that is provided to local governmental subdivisions in Part II of this Chapter, including but not limited to the following: sales tax increment financing and bonding in R.S. 33:9038.34, cooperative endeavor authority in R.S. 33:9038.35, and bond authority in R.S. 33:9038.38. The project to fund infrastructure within the district is hereby deemed to be an "economic development project" within the meaning provided for in Part II of this Chapter. 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 this Chapter or any other law to the contrary, any powers, authorities, or duties granted under such laws may be restricted to a subdistrict of the territory which shall be established by ordinance of the board of commissioners of the district. H. Project financing. 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. I. Term. 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; however, in no event shall the district exist less than three years. J. Liberal construction. This Section, being necessary for the welfare of the parish and its residents, shall be liberally construed to effect the purposes thereof. Acts 2024, No. 289, §1, eff. May 28, 2024.