2018 Louisiana Laws
Revised Statutes
TITLE 33 - Municipalities and Parishes
RS 33:4709.1 - Vidalia Riverfront Development District; creation; governing authority; powers; duties
PART II. VIDALIA RIVERFRONT DEVELOPMENT DISTRICT
§4709.1. Vidalia Riverfront Development District; creation; governing authority; powers; duties
A.(1) There is hereby created a special municipal district in the town of Vidalia, hereafter referred to as the "town", to be known as the Vidalia Riverfront Development District, hereafter referred to as the "district". Such district shall be a body politic and corporate, shall be an instrumentality of the town of Vidalia, and shall be a political subdivision of the state of Louisiana. The district, through the authority, may levy a hotel occupancy tax in the district to provide funds for a convention center in the town as provided in Subsection J of this Section and as otherwise provided by law. The district and the authority shall have no power to levy any other tax.
(2) The district shall be composed of all the territory contained in the tract described as follows:
From the most westerly corner of Block 96 of the city of Vidalia, as shown by map recorded in Conveyance Book NN, page 275 of the records of Concordia Parish, Louisiana, go N 84° 23' 02" E for 2,089.92 feet to the point of beginning, being the most northerly corner of within described tract, also being on the westerly boundary of H. D. Jenkins 3.8 acre, more or less, tract of a portion of River Side Place. Thence from said point of beginning, go S 52° 13' 21" W for 4,862.97 feet to the southeasterly boundary of Tract 3-D (8.62 acres) of the division of portion of the property of the Missouri Pacific Railroad Company in March, 1987; thence go along the boundary of said tract 3-D N 36° 29' 51" W for 110.42 feet to the most northerly corner of same; thence go S 52° 13' W along the northwesterly boundary of said Tract 3-D and extension thereof for 4,079.21 feet to a point on the northerly boundary of Bunge Corp. 17.3 acre tract; thence go along the boundary of said Bunge Corp. property N 75° 32' E for 149.59 feet and S 16° 31' E for 866 feet more or less, to the mean low water of the Mississippi River; thence in a general northeasterly direction along said mean low water of the Mississippi River upstream for 9,028 feet more or less to the southeast corner of H. D. Jenkins 3.8 acre, more or less, tract of a portion of Riverside Place; thence go along the boundary of said 3.8 acre, more or less, tract N 55° 05' W for 310.00 feet, N 01° 20' W for 315.00 feet and N 04° 55' E for 37.28 feet to the point of beginning. Within described tract contains 154 acres, more or less situated in the city of Vidalia between the main line Mississippi River levee and the Mississippi River in portion of Sections 11, 12, 13, 14, 15, and 49, T7N-R10E, Concordia Parish, Louisiana.
B.(1) The primary purposes of the district shall be to provide for the development of property within the district for recreation and tourism purposes while also providing the opportunity for cultural events and the preservation and recognition of the area as a significant historical site, being the original site of the town of Vidalia which was moved in 1939 because of the changing channel of the Mississippi River. In accordance with the provisions of this Section and subject to the approval of the governing authority of the town, the governing authority of the district shall have and may exercise all powers necessary or convenient for the carrying out of such purposes, including control of design, construction, and usage of facilities within the district and the negotiation of contracts with private entities for lease or conveyance of property within the district.
(2) The district shall also have the purpose of providing funding for a convention center in the town as provided in Subsection J of this Section, including but not limited to acquisition, construction, equipment, operation, maintenance, and support and other related costs of such a convention center.
C.(1) In order to develop and effect the functions and services of the district and to provide for representation in the affairs of the district of those persons and interests immediately concerned with and affected by the purposes and development of the district, there is hereby created a board of commissioners for the district to be known as the "Vidalia Riverfront Authority" and hereinafter referred to as the "authority".
(2) The authority shall consist of seven members who shall be appointed by the governing authority of the town. Of the initial appointments, two appointees shall serve two-year terms, two shall serve four-year terms, and three shall serve six-year terms as determined by lot. All subsequent terms shall be six years.
(3) Any vacancy which occurs prior to the expiration of a term shall be filled for the remainder of the unexpired term by the governing authority of the town.
(4) As soon as practical after appointment of the members of the authority, the authority shall meet and elect from its number a chairman and such other officers as it may deem appropriate. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.
D.(1) The authority shall prepare or cause to be prepared a plan or plans, hereafter referred to as the "plan", specifying the layout and character of development within the district. The plan shall include but not necessarily be limited to the following: the nature and location of enterprises to be located within the district, guidelines for the general character of the external appearance of buildings and facilities within the district to whatever extent and detail the authority or the town may deem appropriate, and plans for transportation into and within the district either by foot, vehicle, watercraft, or any other means.
(2) In the development of the plan, the authority shall conduct such public hearings, publish such notice with respect thereto, and disseminate such information as the authority, in the exercise of its sound discretion, may deem appropriate or advisable and in the public interest.
(3) The authority shall submit the plan to the governing authority of the town. The board of aldermen may by a majority vote of its members adopt or reject the plan as originally submitted by the authority or it may alter or modify the plan, or any portion or detail thereof, but only by a majority vote of all its members. The plan as finally adopted by the governing authority of the town, including any amendments adopted as herein provided, may be implemented by the authority.
(4) The authority shall provide information to officials of departments, agencies, and instrumentalities of state and local government and to the public at large, in order to foster public awareness and understanding of the objectives of the plan, and in order to stimulate public interest and participation in the orderly, integrated development of the district.
(5) After the plan has been adopted, it may be altered or amended only by adoption of a resolution by the authority proposing the change and approval of the proposed change by the governing authority of the town.
E. Pursuant to the purposes for which it was created, the authority may:
(1) Accept and receive, in furtherance of its function, funds, grants, and services from the federal government or its agencies, from departments, agencies, and instrumentalities of state, parish, municipal, or local government, or from private and civic sources.
(2) Hold public hearings and sponsor public forums whenever it deems it necessary or useful in the execution of its other functions.
(3) Negotiate with any private or public person or corporation for servitude or right-of-use of property within the district which is not owned by the town. If the authority does negotiate such an agreement, it shall adopt a resolution recommending the agreement and submit the resolution, contract, and other relevant information to the governing authority of the town for approval. The governing authority of the town may then adopt a resolution or ordinance authorizing the agreement.
F.(1) The Vidalia Riverfront Authority shall have the authority to consider, negotiate for, and recommend to the governing authority of the town the lease or conveyance of all or any part of the property located in the district to any enterprise locating or expanding within the district, any such transaction being hereinafter referred to as a "transfer". The authority shall prepare a suitable and appropriate contract for any transfer it recommends to the town. In determining the consideration for any transfer, the authority may consider the potential value of the economic impact of the enterprise which would be locating or expanding within the district as well as the value of the lands, buildings, or other properties involved.
(2) The authority shall require as a provision of any contract for transfer of property, that design and construction of facilities by the contracting party or parties be consistent with the plan provided for in Subsection C of this Section.
(3) Prior to any such transfer, the authority shall give notice of its intention to recommend to the governing authority of the town the transfer of property in the district. A notice of intention shall be published once a week for two consecutive weeks, beginning at least fourteen days prior to the date a resolution recommending transfer is to be considered by the authority. Such notice of intention shall include all of the following:
(a) A general description of the proposed transfer.
(b) A description of the property to be transferred.
(c) The proposed consideration to be given in exchange for said property.
(d) A statement that the proposed contract is on file for public inspection in the Vidalia Town Hall.
(e) A statement as to the appraised value of such property as determined by a real estate appraisal made within the previous twelve months.
(f) A statement that anyone objecting to the proposed transfer may file a written objection to said transfer at the Vidalia Town Hall by a specified date, which date shall be five days after the date of the last publication of such notice.
(4) Should more than five percent of the resident electors of the town timely object in writing to said proposed transaction, an election shall be held for the purpose of submitting the question of the transfer to the voters in accordance with Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950.
(5) If more than five percent of the electors do not so object in writing, or if the question of the transfer is approved by a majority of those voting at an election held pursuant to Paragraph (4) of this Subsection, the authority shall adopt a resolution recommending the transfer and shall submit the resolution, the contract, and other relevant information to the governing authority of the town.
(6)(a) The governing authority of the town may then consider and adopt a resolution or ordinance authorizing the transfer. Such resolution or ordinance shall set forth, in a general way, the terms of the authorized transfer and include a statement that the contract is on file for public inspection in the Vidalia Town Hall. At the regularly scheduled meeting immediately prior to the meeting at which the resolution or ordinance will be considered, the governing authority of the town shall announce to those persons present that the resolution or ordinance will be considered at the next meeting.
(b) Such resolution or ordinance shall be published as soon as possible after adoption in one issue of the official journal of the town. For a period of thirty days from the date of publication of any such resolution or ordinance, any interested person may contest the legality of such resolution or ordinance or the validity of the authorized transfer, after which time, no one shall have any cause of action to contest the legality of the transfer for any cause whatsoever, and it shall be conclusively presumed thereafter that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said thirty days.
G.(1) For the purpose of carrying out the provisions of this Section, the town may remit and the authority may receive such funds as the town may deem appropriate. All funds received by the authority shall be deposited in a special account within the town treasury and shall be subject to a yearly audit by an auditing firm selected by the governing authority of the town.
(2) The expenditures of the authority shall be in accordance with one of the following procedures:
(a) The amounts appropriated to the authority by the town shall be expended for purposes specified by the town. The expenditure of money received from other sources shall be approved by the governing authority of the town.
(b) The authority may adopt an annual budget which shall be subject to approval by the governing authority of the town. Such budget shall be adopted and amended in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. If such a budget is adopted and approved, expenditures of the authority shall be as provided therein except that additional expenses may be authorized as provided in Subparagraph (a).
(3) If the town authorizes the use of money for such purpose, either pursuant to a budget of the authority or otherwise, the authority may:
(a) Appoint employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law, including civil service regulations, as govern other corresponding employees of the town of Vidalia.
(b) Contract with planning experts, engineers, architects, and other consultants for such services as it may require.
(c) Reimburse authority members for actual expenses incurred in carrying out the official duties of the authority.
H.(1) Before the commencement of any work in the erection of any new building or in the alteration of, addition to, painting, repainting, or demolishing of any existing building within the district, the owner or lessor shall submit an application to the authority for a permit therefor. Such application shall be accompanied by the full plans and specifications thereof, so far as they relate to the proposed appearance, color, texture of materials, and architectural design of the exterior, including the front, sides, rear, and roof of such building, or alteration or addition of any outbuilding, party wall, courtyard, fence, dock, marina, or other dependency thereof.
(2) The authority shall upon due consideration report its recommendation regarding the issuance of a permit, including any recommendations for changes as in its judgment are reasonably necessary to comply with the provisions of the plan provided for in this Section, by sending them in writing to the governing authority of the town with the application and documents submitted. If the governing authority of the town finds that the proposed work complies reasonably with all regulations, ordinances, and laws of the town and with the plan provided for in this Section to the extent that the town shall deem necessary, the town may issue a permit for such work.
(3) No work as described in this Subsection shall begin within the district prior to such permit being obtained.
I. The authority may require approval of signage in the district and may adopt guidelines regulating the appearance, color, size, position, method of attachment, texture of materials, and design of signs in accordance with the character and overall design of the district. The authority may provide for the issuance of permits for signage and may require such a permit prior to the erection, placement, or alteration of any sign.
J.(1) The district, through the authority, may levy and collect a tax upon the occupancy of hotel rooms, motel rooms, and overnight camping facilities within the district. Such tax shall not exceed six percent of the rent or fee charged for such occupancy.
(2) The word "hotel" as used in this Section shall mean and include any establishment, either public or private, engaged in the business of furnishing or providing rooms and overnight camping facilities intended or designed for dwelling, lodging, or sleeping purposes to transient guests when such establishment consists of two or more guest rooms and does not encompass any hospital, convalescent or nursing home or sanitarium, or any hotel-like facility operated by or in connection with a hospital or medical clinic providing rooms exclusively for patients and their families.
(3) The hotel occupancy tax shall be paid by the person who exercises or is entitled to occupancy of the hotel room and shall be paid at the time the rent or fee for occupancy is paid. "Person" as used herein shall have the same definition as that contained in R.S. 47:301(8).
(4) The district, through the authority, shall impose the hotel occupancy tax by ordinance or resolution. The authority may provide in the ordinance or resolution necessary and appropriate rules and regulations for the imposition, collection, and enforcement of the hotel occupancy tax.
(5) The district, through the authority, may enter into a contract under such terms and conditions as it may deem appropriate, including payment of a reasonable collection fee, with any public entity authorized to collect sales or use taxes for the collection of the hotel occupancy tax authorized in this Section.
(6) The hotel occupancy tax authorized by this Section shall be in addition to all taxes presently being levied upon the occupancy of hotel rooms located within the district and shall be in addition to any other tax authorized by the constitution or by law.
(7) The proceeds of the occupancy tax so levied, less a reasonable sum to be paid as a collection fee as authorized by Paragraph (5) of this Subsection, shall be used to fund costs of acquisition, construction, equipment, operation, maintenance, and support and other related costs of a convention center in the town.
(8) The district, through the authority, shall establish such funds or accounts as are necessary for the implementation of the provisions of this Subsection.
Acts 1995, No. 39, §1, eff. June 1, 1995; Acts 1998, 1st Ex. Sess., No. 32, §1, eff. April 24, 1998; Acts 2007, No. 54, §1, eff. July 1, 2007.
