§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.