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Regular Session, 2011
SENATE BILL NO. 118
BY SENATOR MILLS
MUNICIPALITIES. Establishes a downtown development district for the municipality of
St. Martinville. (8/15/11)
AN ACT1
To enact R.S. 33:2740.40, relative to St. Martin Parish; to create the St. Martinville2
Downtown Development District within the parish; to provide relative to the3
boundaries, purpose, and powers and duties of the district; to provide relative to4
district funding, including the authority to levy taxes; and to provide for related5
matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 33:2740.40 is hereby enacted to read as follows: 9
ยง2740.40. St. Martinville Downtown Development District10
A. Intent. The legislature hereby finds and declares that it is necessary11
for the public health, safety, and welfare of the city of St. Martinville that the12
property value deterioration in the downtown area be halted and that the causes13
of such deterioration be halted.14
B. Creation. (1) The St. Martinville Downtown Development District,15
hereinafter referred to as the "district", is hereby created for the primary16
purpose of redevelopment of the central business district.17 SB NO. 118
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(2) The boundaries of the district shall be that area within and including1
the following perimeters: Railroad St. to Bayou Teche to Denbas St. to Lewis St.2
and Washington St. and back to Railroad St.3
C. Governance. (1) The governing authority of the district shall be a4
board consisting of seven members, referred to in this Section as the "board",5
appointed as follows:6
(a) The governing authority of St. Martinville shall appoint three7
members.8
(b) The mayor of St. Martinville shall appoint one member.9
(c) The state representative for the House of Representatives district10
which encompasses all or the greater portion of the area of the district shall11
appoint one member.12
(d) The state senator for the Senate district encompassing all or the13
greater portion of the area of the district shall appoint one member.14
(e) The parish president of St. Martin Parish shall appoint one member.15
(2) The appointments made pursuant to Subparagraphs (1)(b) through16
(e) of this Subsection shall be subject to confirmation by the governing authority17
of St. Martinville.18
(3) If any appointing authority fails to make an appointment within19
thirty days after notification by the board of a vacancy, the governing authority20
of St. Martinville may appoint a member of its own choosing. Each member of21
the board shall be a registered voter of St. Martin Parish. The appointing22
authority may remove any member for cause.23
(4) Terms of members shall be four years, except for initial terms which24
shall be as follows: one shall be appointed for a term of one year, two for a term25
of two years, two for a term of three years, and two for a term of four years as26
determined by lot at the first meeting of the board. Vacancies occurring prior27
to the expiration of a term shall be filled in the manner of the original28
appointment for the remainder of the unexpired term.29 SB NO. 118
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(5) The board shall elect a chairman, a vice chairman, and a secretary-1
treasurer from among its members. Officers shall serve one-year terms but2
shall be eligible for reelection. The board shall adopt such rules for the3
transaction of its business as it deems necessary and shall keep a record of its4
resolutions, transactions, studies, findings, and determinations, which record5
shall be a public record.6
(6) The board may employ or contract with an executive director and7
set his compensation and terms of employment. Notwithstanding any other8
provision of law to the contrary, the board may establish the term of such9
contract. The board also may employ such other employees as are necessary to10
carry out the functions of the district as authorized by the board.11
D. Redevelopment activities. (1) In order to effectuate the purposes of12
this Section, the board shall have the specific authority provided in R.S.13
33:4625(F); such authority shall be exercised solely within the district.14
(2) The board shall formulate a redevelopment plan or plans for the15
district and submit any plan to the governing authority of St. Martinville for16
review. The board shall formulate a program or programs to implement any17
redevelopment plan. Such a program shall implement the various plans in such18
a manner as to aid and encourage private development of the area and to19
promote and coordinate public development. In formulating such a program,20
the board may conduct studies and may consult with all departments of the city21
of St. Martinville and other public or private agencies concerned with matters22
affecting or affected by the program.23
(3) After adoption of the development program, the board may24
implement any portion thereof in such manner as shall, in its judgment, most25
likely accomplish the program. To that end, the district may employ or26
contract with engineers, architects, attorneys, underwriters, and other27
professionals necessary for the financing and implementation of the28
construction, renovation, maintenance, or operation of facilities described in the29 SB NO. 118
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redevelopment plan and may contract in accordance with law for the1
construction, renovation, maintenance, or operation of the facilities.2
(4) The board shall prepare each year an annual budget in accordance3
with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.4
E. Revenues. (1) Subject to the approval of the governing authority of5
St. Martinville and district electors as provided in Paragraph (4) of this6
Subsection, the district may levy an ad valorem tax not exceeding ten mills for7
such number of years as may be provided in the proposition authorizing its levy8
for the purpose of planning, constructing, acquiring, operating, or maintaining9
public facilities contemplated by the redevelopment plan and for the operating10
expenses of the district.11
(2) Subject to the approval of the governing authority of St. Martinville12
and district electors as provided in Paragraph (4) of this Subsection, the district13
may issue general obligation bonds in accordance with the provisions of R.S.14
39:551 et seq., for the purpose of constructing, acquiring, or improving any15
work of public improvement contemplated by the redevelopment plan. As16
provided by Article VI, Section 33 of the Constitution of Louisiana, the bonds17
shall have pledged thereto the full faith and credit of the district, and the18
district shall levy and collect taxes on all property subject to taxation in the19
district sufficient to pay the bonds in principal, interest, and premium, if any,20
as the same become due and payable.21
(3) Any ad valorem tax levied by the district, including taxes levied22
under Paragraph (1) of this Subsection or levied to provide for payment of23
bonds authorized under Paragraph (2) of this Subsection, being special ad24
valorem taxes, shall be subject to homestead exemption as provided by Article25
VII, Section 20 of the Constitution of Louisiana.26
(4) No ad valorem tax may be levied under the provisions of Paragraph27
(1) of this Subsection nor may any bonds be issued under the provisions of28
Paragraph (2) of this Subsection unless authorized by a majority of the electors29 SB NO. 118
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of the district who vote at an election held for that purpose in accordance with1
the applicable provisions of the Louisiana Election Code. The governing2
authority of the city of St. Martinville shall call any such election.3
(5) Any tax levied under authority of this Subsection shall be in addition4
to all other taxes which other political subdivisions in St. Martin Parish are now5
or hereafter may be authorized by law to levy and collect. All services and6
programs to be provided from the proceeds of the tax shall be in addition to the7
services and programs which are otherwise provided by other governing8
authorities.9
F. The district shall be authorized to enter into agreements with any10
person or persons, public or private, providing for contributions or payments11
towards the cost of financing public facilities in the district. The district is12
hereby authorized to issue bonds secured wholly or partly by the revenues of13
such agreements and wholly or partly by other revenues that may be received,14
from time to time, by the district provided the bonds are authorized and issued15
in the manner provided by R.S. 39:1011 et seq.16
G. The financial records of the district shall be audited pursuant to the17
provisions of R.S. 24:513.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Proposed law creates the St. Martinville Downtown Development District in the parish of
St. Martin. Provides for the districts boundaries.
Proposed law provides that the district shall be governed by a seven member board of
commissioners. Provides that the board shall be composed as follows:
(a) The governing authority of St. Martinville shall appoint three members.
(b) The mayor of St. Martinville shall appoint one member.
(c)The state representative for the House of Representatives district which encompasses
all or the greater portion of the area of the district shall appoint one member.
(d)The state senator for the Senate district encompassing all or the greater portion of the
area of the district shall appoint one member. SB NO. 118
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(e) The parish president of St. Martin Parish shall appoint one member.
Proposed law requires the board to elect from its number a chairman, a vice chairman, a
treasurer, and such other officers as it may deem appropriate. Provides that board shall adopt
bylaws and shall keep a record of its resolutions, transactions, studies, findings, and
determinations.
Proposed law provides that the board shall formulate a redevelopment plan or plans for the
district and submit any plan to the governing authority of St. Martinville for review. The
board shall formulate a program or programs to implement any redevelopment plan. 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 city of St. Martinville and other public or private agencies concerned with
matters affecting or affected by the program.
Proposed law provides that the district may employ or contract with 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.
Proposed law provides that the board shall prepare each year an annual budget in accordance
with the Louisiana Local Government Budget Act.
Proposed law provides that the district may, subject to approval by the governing authority
and electors of St. Martinville, 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 planning, constructing, acquiring, operating, or maintaining public facilities contemplated
by the redevelopment plan and for the operating expenses of the district.
Proposed law provides that the district may, subject to approval by the governing authority
and electors of St. Martinville issue general obligation bonds in accordance with the
provisions of present law for the purpose of constructing, acquiring, or improving any work
of public improvement contemplated by the redevelopment plan. As provided by 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.
Proposed law provides that any tax levied shall be in addition to all other taxes which other
political subdivisions in St. Martin 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.
Proposed law provides that 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 present law. SB NO. 118
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Proposed law provides that the financial records of the district shall be subject to audit by
the legislative auditor.
Effective August 15, 2011.
(Adds R.S. 33:2740.40)