2018 Louisiana Laws
Revised Statutes
TITLE 33 - Municipalities and Parishes
RS 33:9038.61 - Tax increment financing; certain purposes; city of Baton Rouge

§9038.61. Tax increment financing; certain purposes; city of Baton Rouge

A. The provisions of this Section shall be applicable to the city of Baton Rouge. The provisions of this Part not in conflict with this Section shall apply to the city of Baton Rouge.

B. Creation. The governing authority of a city may create a special taxing district and political subdivision of the state, referred to in this Section as the "district", to fund construction of or renovations to a hotel and related facilities in the city.

C. Boundaries. Notwithstanding any provision of this Section to the contrary, the boundaries of any such district or districts created pursuant to the provisions of this Section in the city of Baton Rouge shall only be in the following lots or parcels of ground:

(1) A certain lot or parcel of ground composed of two (2) fractional lots, together with the building and improvements, situated in that subdivision of the City of Baton Rouge, known as BEAUREGARD TOWN and being designated according to the official map of said city made by F. F. Pillet, C. E., adopted by the Commission Council on October 21, 1930 as the West one-half (W-1/2) of Lots One (1) and Two (2), Square Twenty-nine (29), said Beauregard Town, said lot herein described measuring sixty-four (64) feet front on the South side of North Boulevard by a depth of one hundred twenty-eight (128) feet between equal and parallel lines and along St. Ferdinand Street.

(2) One certain lot or parcel of ground, together with all the buildings and improvements thereon, situated in the parish of East Baton Rouge, state of Louisiana, in that subdivision known as HICKEY, DUNCAN & MATHER TOWN, and begin designated on the official plan of said subdivision, on file and of record in the office of the Clerk and Recorder of said parish and state, as Lot Number Five (5), Square Two (2) or Ninety-four (94), said subdivision, said lot herein described measuring sixty-four (64) feet front on Lafayette Street by a depth of one hundred twenty-eight (128) feet between equal and parallel lines and along Convention Street, said lot containing 8,192 square feet or 0.188 acres.

D. Purpose. The district shall have as its purpose cooperative economic development between the city, the hotel in the district, the district, and the state in order to provide for the renovation, restoration, and development of a hotel in the city.

E. Governance. 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 established by the municipal governing authority in the ordinance creating the district.

F. Rights and powers. The district, acting by and through its board of commissioners, shall have and exercise all powers of a political subdivision and special taxing 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, donation, or otherwise 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, lease, or otherwise 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) Establish such funds or accounts as are necessary for the conduct of the affairs of the district.

G. Tax. (1) In order to provide funds for the purposes of the district, the district, acting by and through its board of commissioners, is hereby authorized to levy and collect a tax upon the occupancy of hotel rooms, motel rooms, and overnight camping facilities within the district. The tax rate for such tax shall be at least equal to the aggregate rate of all such taxes levied and collected within the parish by the state of Louisiana, local governmental subdivisions, and other political subdivisions or special taxing districts.

(2)(a) The word "hotel" as used in this Subsection shall mean and include any establishment, both public and 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 where 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.

(b) The 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 of occupancy is paid. The word "person" as used in this Subsection shall have the same meaning as contained in R.S. 47:301(8).

(3) The tax so authorized shall be imposed by ordinance adopted by the district, acting by and through its board of commissioners, without the need of an election.

(4) It is hereby recognized that without the accomplishment of the purposes of the district that there would be no collection of a hotel occupancy tax by any taxing authority within the district. Accordingly, except as otherwise provided in this Section, if the district elects to levy and collect the tax authorized in this Subsection, such levy shall be deemed to supersede and be in lieu of any other tax on hotel occupancy within the district except for any such tax which is based on a per head or per person basis.

H. Hotel occupancy tax financing. (1)(a) The district may issue revenue bonds payable from an irrevocable pledge and dedication of up to the full amount of hotel occupancy tax increments, in an amount to be determined by the district and other revenues generated by the district by means other than the levy of taxes, to finance or refinance any project or projects, or parts thereof, which are consistent with the purposes of the district. A hotel occupancy tax increment shall consist of that portion of the hotel occupancy tax revenues collected by the district in an amount determined by the board of commissioners and which is in lieu of other such taxes levied by other taxing authorities. The occupancy tax authorized by R.S. 33:4574.1.1(A)(6) relating to Visit Baton Rouge shall be collected in addition to the occupancy tax authorized in this Section and the proceeds of the avails of the occupancy taxes authorized in R.S. 33:4574.1.1(A)(6) shall be dispersed and used for the purposes set forth therein and as further provided in R.S. 33:4574.1.1(L).

(b) Dedication of hotel occupancy tax increments to pay the revenue bonds, shall not impair existing obligations of the district and shall not include tax revenues previously dedicated by the district for a special purpose.

(2) The district may pledge the taxes collected under the authority of this Section to any financing of the hotel property in furtherance of the purposes of the district. Such financing may include but shall not be limited to loans, mortgages, the issuance of bonds, or the issuance of certificates of indebtedness.

(3) The authority granted to the district pursuant to the provisions of this Section shall be subject to the limitations provided in R.S. 33:9038.42.

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 or more than thirty 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.

Acts 2007, No. 453, §1, eff. July 11, 2007; Acts 2011, 1st Ex. Sess., No. 20, §1, eff. June 12, 2011; Acts 2012, No. 256, §4, eff. May 25, 2012.