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Regular Session, 2011 ENROLLED
SENATE BILL NO. 118
BY SENATOR MILLS
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
(2) The boundaries of the district shall be that area within and including18
the following perimeters: Railroad St. to Bayou Teche to Denbas St. to Lewis St.19
and Washington St. and back to Railroad St.20
C. Governance. (1) The governing authority of the district shall be a21
board consisting of seven members, referred to in this Section as the "board",22
appointed as follows:23
(a) The governing authority of St. Martinville shall appoint three24
members.25
(b) The mayor of St. Martinville shall appoint one member.26
(c) The state representative for the House of Representatives district27
ACT No. 303 SB NO. 118 ENROLLED
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which encompasses all or the greater portion of the area of the district shall1
appoint one member.2
(d) The state senator for the Senate district encompassing all or the3
greater portion of the area of the district shall appoint one member.4
(e) The parish president of St. Martin Parish shall appoint one member.5
(2) The appointments made pursuant to Subparagraphs (1)(b) through6
(e) of this Subsection shall be subject to confirmation by the governing authority7
of St. Martinville.8
(3) If any appointing authority fails to make an appointment within9
thirty days after notification by the board of a vacancy, the governing authority10
of St. Martinville may appoint a member of its own choosing. Each member of11
the board shall be a registered voter of St. Martin Parish. The appointing12
authority may remove any member for cause.13
(4) Terms of members shall be four years, except for initial terms which14
shall be as follows: one shall be appointed for a term of one year, two for a term15
of two years, two for a term of three years, and two for a term of four years as16
determined by lot at the first meeting of the board. Vacancies occurring prior17
to the expiration of a term shall be filled in the manner of the original18
appointment for the remainder of the unexpired term.19
(5) The board shall elect a chairman, a vice chairman, and a secretary-20
treasurer from among its members. Officers shall serve one-year terms but21
shall be eligible for reelection. The board shall adopt such rules for the22
transaction of its business as it deems necessary and shall keep a record of its23
resolutions, transactions, studies, findings, and determinations, which record24
shall be a public record.25
(6) The board may employ or contract with an executive director and26
set his compensation and terms of employment. Notwithstanding any other27
provision of law to the contrary, the board may establish the term of such28
contract. The board also may employ such other employees as are necessary to29
carry out the functions of the district as authorized by the board.30 SB NO. 118 ENROLLED
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D. Redevelopment activities. (1) In order to effectuate the purposes of1
this Section, the board shall have the specific authority provided in R.S.2
33:4625(F); such authority shall be exercised solely within the district.3
(2) The board shall formulate a redevelopment plan or plans for the4
district and submit any plan to the governing authority of St. Martinville for5
review. The board shall formulate a program or programs to implement any6
redevelopment plan. Such a program shall implement the various plans in such7
a manner as to aid and encourage private development of the area and to8
promote and coordinate public development. In formulating such a program,9
the board may conduct studies and may consult with all departments of the city10
of St. Martinville and other public or private agencies concerned with matters11
affecting or affected by the program.12
(3) After adoption of the development program, the board may13
implement any portion thereof in such manner as shall, in its judgment, most14
likely accomplish the program. To that end, the district may employ or15
contract with engineers, architects, attorneys, underwriters, and other16
professionals necessary for the financing and implementation of the17
construction, renovation, maintenance, or operation of facilities described in the18
redevelopment plan and may contract in accordance with law for the19
construction, renovation, maintenance, or operation of the facilities.20
(4) The board shall prepare each year an annual budget in accordance21
with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.22
E. Revenues. (1) Subject to the approval of the governing authority of23
the city of St. Martinville and the registered voters of the district as provided24
in Paragraph (4) of this Subsection, the district may levy an ad valorem tax not25
exceeding ten mills for such number of years as may be provided in the26
proposition authorizing its levy for the purpose of planning, constructing,27
acquiring, operating, or maintaining public facilities contemplated by the28
redevelopment plan and for the operating expenses of the district.29
(2) Subject to the approval of the governing authority of the city of St.30 SB NO. 118 ENROLLED
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Martinville and the registered voters of the district as provided in Paragraph1
(4) of this Subsection, the district may issue general obligation bonds in2
accordance with the provisions of R.S. 39:551 et seq., for the purpose of3
constructing, acquiring, or improving any work of public improvement4
contemplated by the redevelopment plan. As provided by Article VI, Section5
33 of the Constitution of Louisiana, the bonds shall have pledged thereto the full6
faith and credit of the district, and the district shall levy and collect taxes on all7
property subject to taxation in the district sufficient to pay the bonds in8
principal, interest, and premium, if any, as the same become due and payable.9
(3) Any ad valorem tax levied by the district, including taxes levied10
under Paragraph (1) of this Subsection or levied to provide for payment of11
bonds authorized under Paragraph (2) of this Subsection, being special ad12
valorem taxes, shall be subject to homestead exemption as provided by Article13
VII, Section 20 of the Constitution of Louisiana.14
(4) No ad valorem tax may be levied under the provisions of Paragraph15
(1) of this Subsection nor may any bonds be issued under the provisions of16
Paragraph (2) of this Subsection unless authorized by a majority of the17
registered voters of the district who vote at an election held for that purpose in18
accordance with the applicable provisions of the Louisiana Election Code. The19
governing authority of the city of St. Martinville shall call any such election.20
(5) Any tax levied under authority of this Subsection shall be in addition21
to all other taxes which other political subdivisions in St. Martin Parish are now22
or hereafter may be authorized by law to levy and collect. All services and23
programs to be provided from the proceeds of the tax shall be in addition to the24
services and programs which are otherwise provided by other governing25
authorities.26
F. The district shall be authorized to enter into agreements with any27
person or persons, public or private, providing for contributions or payments28
towards the cost of financing public facilities in the district. The district is29
hereby authorized to issue bonds secured wholly or partly by the revenues of30 SB NO. 118 ENROLLED
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such agreements and wholly or partly by other revenues that may be received,1
from time to time, by the district provided the bonds are authorized and issued2
in the manner provided by R.S. 39:1011 et seq.3
G. The financial records of the district shall be audited pursuant to the4
provisions of R.S. 24:513.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: