2018 Louisiana Laws
Revised Statutes
TITLE 33 - Municipalities and Parishes
RS 33:2740.15 - The Hammond Downtown Development District; Downtown Development Authority; creation, composition, and powers; preparation of plans; levy of ad valorem taxes and issuance of bonds
§2740.15. The Hammond Downtown Development District; Downtown Development Authority; creation, composition, and powers; preparation of plans; levy of ad valorem taxes and issuance of bonds
A. The Legislature of Louisiana hereby finds and declares that it is necessary for the public health, safety, and welfare of the city of Hammond that the property value deterioration in the principal area or areas of the city of Hammond known generally as the central business district be halted and that the causes of such deterioration be halted, because the central business district is the center of commercial, civic, and cultural activities of the metropolitan area.
B.(1) The Hammond Downtown Development District, hereafter referred to as the "district", is hereby created, to be comprised of that area of the city of Hammond described as follows: Railroad Spur heading east from main track going behind Jim Carey to center of Cherry Street; South on Cherry Street one block, turning east on Church Street at its centerline going to Chestnut Street; South on Chestnut Street five blocks to Hanson Street; West on Hanson Street, at center of street four blocks to Cherry Street; South on Cherry Street one block to Coleman Street; West on Coleman Street one block to Cypress Street; South on Cypress Street approximately one block or enough distance to go behind Florida Parishes property; West from Cypress behind Florida Parishes property to ICG Railroad tracks; South on ICG Railroad tracks to Minnesota Park; West on Minnesota Park at centerline to South extension of Magnolia Street; North on Magnolia Street to Old Covington Highway; East on Old Covington Highway one block to Oak Street; North on Oak Street to Hanson Street; West on Hanson Street two blocks to Spruce Street; North on Spruce Street five blocks to Church Street; East on Church Street three blocks to Railroad Avenue; North on Railroad Avenue at the centerline until it intersects with Oak Street; continue North on Oak Street until the property line of the University Cinema's North Side; East on property line of the University Cinema to ICG Railroad tracks; South on main ICG Railroad track to beginning of Spur that was the point of origin for this description.
(2) The district shall be a political subdivision of the state of Louisiana as defined in Article VI, Section 44(2) of the Constitution of Louisiana and, as such, shall have all of the powers accorded by law to political subdivisions of the state, including the power to cooperate with and to engage in cooperative endeavors with other persons and entities as provided by Article VI, Section 20 and Article VII, Section 14(C) of the Constitution of Louisiana.
C.(1) The governing authority of the district shall be a board of eight members. The board shall be known as the Downtown Development Authority, hereafter referred to as the "authority". Seven members of the authority shall be appointed by the council of the city of Hammond, hereafter referred to as the "city council". The mayor shall serve as an ex officio, nonvoting member of the authority. One of the members shall be appointed from a list of nominees submitted by the mayor. Three of the members shall be appointed from lists of nominees submitted by each of the six largest assessed property owners within the district. One member shall be appointed from a list of three nominees submitted by the Hammond Chamber of Commerce. Two members shall be appointed from nominations submitted by property owners subject to the ad valorem tax provided for in Subsection E of this Section, or who are licensed business owners within the district. Nominations shall be compiled separately for the areas east and west of the ICG Railroad tracks, and each such nominee shall be nominated by a minimum of five business owners from within the respective districts before being considered a valid nominee for the Hammond City Council's review. A nominee shall be eligible only if all taxes and licenses of the nominee as well as the taxes and licenses of those placing the nominee's name into consideration are current. If any list of nominees provided for herein is not submitted by any nominating group or person within fourteen days after notification by the city council, the city council may appoint a member of its own choosing. Each member of the authority shall own property in the district, be the owner of a business within the district, or be an officer of a corporation or other business entity owning property in the district and shall be a registered voter of Tangipahoa Parish. The city council may remove any member for cause.
(2) The terms of the initial members shall be as follows: four members shall be appointed for a term of two years and three members shall be appointed for a term of one year as determined by the city council. Thereafter, appointments shall be for terms of two years and shall be made in the manner provided in this Section. Vacancies occurring prior to the expiration of a term shall be filled in the manner provided in this Section for the unexpired term.
(3) The authority shall elect a 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 re-election. The authority 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 a public record.
(4) The authority may employ an executive director and such other employees as are necessary to carry out the functions of the authority.
(5) In order to effectuate the purposes of this Section, the authority shall have the specific authority provided in R.S. 33:4625(F); such authority shall be exercised solely within the district.
D.(1) The authority shall formulate a redevelopment plan or plans for the district and submit such plan to the city council for review and approval. The city council shall adopt or reject such a plan by a majority vote of its members. Modifications of such a plan may be proposed and shall be approved or rejected in the same manner. The authority shall formulate a program or programs to implement any redevelopment plan so approved by the city council. Such a program shall implement the various plans in such a manner as to aid and encourage private development of the area, to enhance and improve residential neighborhoods within the district, and to promote and coordinate public development. In formulating such program, the authority may conduct studies and may consult with all departments of the city of Hammond and other public or private agencies concerned with matters affecting or affected by the program.
(2) The city council shall review and consider any proposed development program submitted to it by the authority and shall adopt or reject such proposal by a majority vote of its members. If the city council rejects the proposed program, it shall notify the authority of its action, and the authority may again prepare and submit its recommendations to the city council in accordance with the procedures provided herein. If the city council rejects a development program, it may submit to the authority an alternative plan of its own making. When the city council adopts a development program, it shall become final and conclusive, including any tax proposal, as provided herein. The city council may amend the development program by a majority vote of its members.
(3) Each proposal submitted shall set forth the projects recommended, the estimated cost thereof, recommendations for funding, and such other information as is required by this Section or by the city council.
(4) After approval of the development program, the district may then implement any portion thereof in such manner as shall in the judgment of its governing authority most likely accomplish the program. To that end, the district may employ engineers, architects, attorneys, underwriters, and other professionals necessary for the financing and implementation of the construction, renovation, maintenance, or operation of facilities described in the redevelopment plan and may contract, in accordance with law, for the construction, renovation, maintenance, or operation of the facilities.
(5) The governing authority of the district each year shall prepare annual budgets of revenues and expenditures and all expenditures of the district shall be made in accordance with the budget. The budget shall not be final and effective until approved by the city council. All amendments to the budget shall be similarly approved by the city council.
E.(1) Subject to the approval of the city council and district electors as hereafter required, the district may levy an ad valorem tax not exceeding fifteen mills for such number of years as may be provided in the proposition authorizing its levy for the purpose of constructing, renovating, acquiring, operating, or maintaining facilities contemplated by the redevelopment plan and for the operating expenses of the district.
(2) Subject to the approval of the city council and district electors as hereafter required, the district may issue its general obligations bonds in accordance with the provisions of R.S. 39:551, et seq., for the purpose of constructing, acquiring, and improving any work of public improvement contemplated by the redevelopment plan. As provided by Article VI, Section 33 of the Constitution of Louisiana, the full faith and credit of the district shall be pledged to the payment of the bonds, and the district shall levy and collect taxes on all property subject to taxation in the district sufficient to pay the bonds in principal, interest, and premium, if any, as the same become due and payable.
(3) Any ad valorem tax levied by the district, including both taxes levied pursuant to the provisions of this Section or levied to provide for payment of bonds authorized pursuant to the provisions of this Section, being special ad valorem taxes, shall be subject to homestead exemption as provided by Article VII, Section 20 of the Constitution of Louisiana; however, the district shall not share in the revenue sharing fund as a result of the taxes.
(4) No ad valorem tax may be levied pursuant to the provisions of this Section nor may any bonds be issued pursuant to the provisions of this Section unless first authorized by a majority of the electors of the district who vote at an election held for the purpose in accordance with the applicable provisions of the Louisiana Election Code after the district has received permission for the holding of such election from the State Bond Commission and the city council.
(5) Any tax levied under authority of this Section shall be in addition to all other taxes which other political subdivisions in Tangipahoa Parish are now or hereafter may be authorized by law to levy and collect. All services and programs to be provided to the central business district from the proceeds of the tax shall be in addition to the services and programs which are otherwise provided by other governments.
F. The district shall be authorized to enter into agreements with any person or persons, public or private, providing for contributions or payments towards the cost of financing public facilities in the district. The district is hereby authorized to issue bonds secured wholly or partly by the revenues of such agreements and wholly or partly by other revenues that may be received by the district provided the bonds are authorized and issued in the manner provided for in R.S. 39:1011, et seq.
Acts 1986, No. 758, §1, eff. July 8, 1986; Acts 1993, No. 1017, §1.
{{NOTE: SEE ACTS 1993, NO. 1017, §2, CONCERNING EFFECTIVE DATE OF PARAGRAPH C(1) AS CONTAINED IN THE ACT.}}
