§9038.32. Creation of economic development district

            A. A local governmental subdivision may establish, by ordinance, an economic development district pursuant to this Section to carry out the purposes of this Part.

            B. The ordinance shall designate the boundaries of the district.

            C.(1) Prior to the adoption of the ordinance, a notice describing the boundaries of the proposed district or containing a map showing the boundaries of the district shall be published two times in the official journal of the local governmental subdivision.

            (2) Notwithstanding any other provision of law to the contrary, if the governing authority of a municipality proposes to establish, by ordinance, an economic development district whose boundaries include any portion of the unincorporated territory of a parish, then the governing authority of the municipality shall not adopt the ordinance to create any such district without the prior written consent of the governing authority of the parish.

            (3) Notwithstanding any other provision of law to the contrary, if the governing authority of a parish proposes to establish, by ordinance, an economic development district whose boundaries include any territory located within the corporate limits of a municipality, then the governing authority of the parish shall not adopt the ordinance to create any such district without the prior written consent of the governing authority of the municipality.

            D.(1) The governing authority of the district shall be the governing authority of the local governmental subdivision establishing the district.

            (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the Metropolitan Council of the parish of East Baton Rouge and the city of Baton Rouge may elect to establish, by ordinance, a board of commissioners to serve as the governing authority of any district created by such Metropolitan Council. Any such board of commissioners shall consist of not less than three nor more than seven persons who may or may not reside within the district and shall serve the terms, not to exceed six years, as shall be set forth in such ordinance.

            E. The district shall be a political subdivision of the state and shall possess such power and authority and have such duties as provided in this Part and other law.

            F. The board of commissioners of the Opelousas Downtown Development District may establish by resolution an economic development district or districts wholly within the boundaries of the city of Opelousas, following the procedures set forth in this Section, to carry out the purposes of this Part. The board of commissioners shall be the governing authority of the district or districts and shall have all of the powers and authority granted to economic development districts generally in this Part, including specifically the power to levy taxes in the manner provided by R.S. 33:9038.39.

            Acts 2002, 1st Ex. Sess., No. 147, §1, eff. April 23, 2002; Acts 2006, No. 850, §4, eff. July 11, 2006; Acts 2010, No. 391, §1, eff. July 1, 2010; Acts 2017, No. 326, §1, eff. June 22, 2017; Acts 2024, No. 356, §1, eff. May 28, 2024.

NOTE: See Acts 2002, 1st Ex. Sess., No. 147, §3, providing that Part II is an alternative to other provisions of Chapter 27 of Title 33 and does not conflict with, repeal, or supercede other provisions of Chapter 27.