2018 Louisiana Laws
Revised Statutes
TITLE 33 - Municipalities and Parishes
RS 33:2740.33 - Broussard redevelopment districts

§2740.33. Broussard redevelopment districts

A. The governing authority of the town of Broussard is hereby authorized, subject to the provisions of this Section, to create by ordinance a Downtown Development District and other similar districts for redevelopment purposes in other areas wholly within the incorporated limits of the town. The ordinance creating any such district shall set forth the area or areas of the town to be included in the district.

B. Any district created pursuant to Subsection A, hereinafter referred to as a "district", shall be a political subdivision of the state of Louisiana as defined in Article VI, Subparagraph 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, Paragraph 14(C) of the Constitution of Louisiana.

C.(1) The governing authority of the district shall be a board of commissioners, hereinafter sometimes referred to as a "board", consisting of five members appointed by the Broussard board of aldermen. Two of the members shall be appointed directly by the board of aldermen. Two of the members shall be appointed from a list of nominees submitted by the mayor of the town of Broussard. One member shall be appointed from a list of three nominees submitted by the Broussard Economic Development Corporation. If any list of nominees provided for herein is not submitted by any nominating group or person within fourteen days after notification by the board of aldermen, the board of aldermen may appoint a member of its own choosing. Each member of the board of commissioners shall own property or operate a business in the district or shall be an officer of a corporation or other business entity owning property or operating a business in the district. The board of aldermen may remove any member for cause.

(2) The terms of the initial members shall be as follows: two shall be appointed for a term of one year, two for a term of two years, and one for a term of three years. The length of the term of each individual appointed shall be determined by lot at the first meeting of the board. Thereafter appointments shall be for terms of three years and shall be made in the manner provided in this Subsection. Vacancies occurring prior to the expiration of a term shall be filled in the manner provided in this Subsection for the unexpired term.

(3) The board 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 reelection. The board 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 board may employ an executive director and such other employees as are necessary to carry out the functions of the district.

D.(1) In order to effectuate the purposes of this Section, the board shall have the specific authority provided in R.S. 33:4625(F), with the exception of the power of expropriation; such authority shall be exercised solely within the district.

(2) The board shall formulate a redevelopment plan or plans for the district and submit any plan to the board of aldermen for review and approval. The board of aldermen shall adopt or reject such plan by a majority vote of its members. Modifications of such plan may be proposed and shall be approved or rejected in the same manner. The board of commissioners shall formulate a program or programs to implement any redevelopment plan so approved by the board of aldermen. Such a program shall implement the various plans in such a manner as to aid and encourage private development of the area and to promote and coordinate public development. In formulating such a program, the board may conduct studies and may consult with all departments of the town of Broussard and other public or private agencies concerned with matters affecting or affected by the program.

(3) The board of aldermen shall review and consider any proposed development program submitted to it by the board of commissioners and shall adopt or reject such proposal by a majority vote of its members. If the board of aldermen rejects the proposed program, it shall notify the board of commissioners of its action, and the board of commissioners may again prepare and submit its recommendations to the board of aldermen in accordance with the procedures provided in this Subsection. When the board of aldermen adopts a development program, it shall become final and conclusive, including any tax proposal, as provided in this Subsection. However, the board of aldermen may amend the development program by a majority vote of its members.

(4) Each proposal submitted shall set forth the projects recommended, the estimated cost thereof, recommendations for funding, and such other information as required by this Section or by the board of aldermen.

(5) After the 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 said 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.

(6) The board shall prepare each year an annual budget 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 board of aldermen. All amendments to the budget shall be similarly approved by the board of aldermen.

E.(1) Subject to the approval of the board of aldermen and district electors as provided in Paragraph (4) of this Subsection, the district may levy an ad valorem tax not exceeding ten mills for such number of years as may be provided in the proposition authorizing its levy for the purpose of constructing, acquiring, operating, or maintaining public facilities contemplated by the redevelopment plan and for the operating expenses of the district.

(2) Subject to the approval of the board of aldermen and district electors as provided in Paragraph (4) of this Subsection, the district may issue general obligation bonds in accordance with the provisions of R.S. 39:551 et seq. for the purpose of constructing, acquiring, or improving any work of public improvement contemplated by the redevelopment plan. As provided by Article VI, Section 33 of the Constitution of Louisiana, the bonds shall have pledged thereto the full faith and credit of the district, 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 under Paragraph (1) of this Subsection or levied to provide for payment of bonds authorized under Paragraph (2) of this Subsection, 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 under the provisions of Paragraph (1) of this Subsection nor may any bonds be issued under the provisions of Paragraph (2) of this Subsection unless authorized by a majority of the electors of the district who vote at an election held for that purpose in accordance with the applicable provisions of the Louisiana Election Code after the State Bond Commission and the board of aldermen have authorized the district to hold such an election.

(5) Any tax levied under authority of this Subsection shall be in addition to all other taxes which other political subdivisions in Lafayette Parish are now or hereafter may be authorized by law to levy and collect. All services and programs to be provided from the proceeds of the tax shall be in addition to the services and programs which are otherwise provided by other governing authorities.

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, from time to time, by the district provided the bonds are authorized and issued in the manner provided by R.S. 39:1011 et seq.

Acts 1996, 1st Ex. Sess., No. 21, §1.