Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB241 Engrossed / Bill

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Regular Session, 2013
SENATE BILL NO. 241
BY SENATOR JOHN SMITH 
SPECIAL DISTRICTS. Creates an Economic Development District in Leesville, Louisiana.
(gov sig)
AN ACT1
To enact R.S. 33:2740.70.2, relative to economic development in Vernon Parish; to create2
and provide for the Leesville Economic Development District; to provide relative to3
the powers, duties, boundaries, and governance of the district; to provide relative to4
district plans; to provide for funding; and to provide for related matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 33:2740.70.2 is hereby enacted to read as follows:8
ยง2740.70.2. Leesville Economic Development District9
A. Creation. The Leesville Economic Development District, referred to10
in this Section as the "district", is hereby created in the parish of Vernon. The11
district shall be a political subdivision of the state. It is created for the purpose12
of developing the area included within the district. It is established to promote,13
encourage, and create economic development activities and employment14
opportunities.15
B. Boundaries. The district shall be comprised of all the territory16
included within the following boundaries: 17 SB NO. 241
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Point of beginning at the corner of the southerly right-of-way line of1
Louisiana Avenue (LA. Hwy. 467) and the easterly right-of-way line of Third2
Street, thence northerly along the easterly right-of-way line of Third Street to3
a point which is half-way between Arkansas Street and Fertitta Boulevard,4
thence westerly along a line which is half-way between Arkansas Street and5
Fertitta Boulevard to the east right-of-way line of Sixth Street (U.S. Hwy 171),6
thence northerly along the east right-of-way line of Sixth Street (U.S. Hwy. 171)7
to the north right-of-way line of Arkansas Street, thence westerly along the8
north right-of-way line of Arkansas Street to the east right-of-way line of9
Seventh Street, thence north along the east right-of-way line of Seventh Street10
to the south right-of-way line of Harriet Street, thence west along the south11
right-of-way line of Harriet Street to the east right-of-way line of Eighth Street,12
thence south along the east right-of-way line of Eighth Street to the north right-13
of-way line of South Street, thence west along the north right-of-way line of14
South Street to the east right-of-way line of Ninth Street, thence north along to15
the east right-of-way line of Ninth Street and continuing along the west side of16
the "West Side Subdivision" Blocks 46 and 51 to the north right-of-way line of17
Lula Street, thence west along the north right-of-way line of Lula Street to the18
west right-of-way line of Tenth Street, thence north along the west right-of-way19
line of Tenth Street to the south right-of-way line of Noland Trace Parkway20
(LA. Hwy. 8), thence west along the south right-of-way line of Noland Trace21
Parkway (LA. Hwy. 8) to the west right-of-way line of Gladys Street, thence22
south along the west right-of-way line of Gladys Street to the westerly easement23
line for waterline between Gladys Street and Verone Terrace, thence southerly24
along the westerly Easement line for waterline between Gladys Street and25
Verone Terrace to the easterly right-of-way line of Verone Terrace, thence26
southerly along to the easterly right-of-way line of Verone Terrace to the27
northerly right-of-way line of Port Arthur Terrace, thence easterly along the28
northerly right-of-way line of Port Arthur Terrace to the southeast corner of29 SB NO. 241
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Lot 6 of "Allendale Subdivision", thence southerly from southeast corner of Lot1
6 of "Allendale Subdivision" to the northwest corner of Lot 40 of "Allendale2
Subdivision", thence south along the west side of said Lot 40 and continuing3
south to a point which is also extending west of the Alley between Fertitta4
Boulevard and West Louisiana Street, thence east along the extending west of5
the Alley between Fertitta Boulevard and West Louisiana Street to the west6
right-of-way line of Tenth Street, thence south along the west right-of-way line7
of Tenth Street to the north right-of-way line of Mc Farland Avenue, thence8
East along the north right-of-way line of Mc Farland Avenue to the east right-9
of-way line of Sixth Street / Seventh Street (U.S. Hwy. 171), thence northerly10
along to the easterly right-of-way line of Sixth Street / Seventh Street (U.S. Hwy.11
171) to the southerly right-of-way line of Louisiana Avenue ( LA. Hwy. 467),12
thence easterly along the southerly right-of-way line of Louisiana Avenue (LA.13
Hwy. 467) to the easterly right-of-way line of Third Street also being the point14
of beginning.15
C. Governance.  (1)  In order to provide for the orderly planning,16
development, acquisition, construction, and effectuation of the services,17
improvements, and facilities to be furnished by the district and to provide for18
the representation in the affairs of the district of those persons and interests19
immediately concerned with and affected by the purposes and development of20
the district, the district shall be managed by a five-member board of21
commissioners, referred to in this Section as the "board". The members of the22
board shall be composed as follows:23
(a) One member shall be appointed by the state representative for House24
District No. 24.25
(b)  One member shall be appointed by the state representative for26
House District No. 30.27
(c)  One member shall be appointed by the state senator for Senate28
District No. 30.29 SB NO. 241
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(d)  One member shall be appointed by the member or members of the1
governing authority of the parish of Vernon who represent the district.2
(e)  One member shall be appointed by the mayor of Leesville.3
(2) The appointments made pursuant to Subparagraphs (1)(a) through4
(e) of this Subsection shall be subject to confirmation by the governing authority5
of Leesville.6
(3) If any appointing authority fails to make an appointment within7
thirty days after notification by the board of a vacancy, the governing authority8
of Leesville may appoint a member of its own choosing. Each member of the9
board shall be a registered voter of Vernon Parish. The appointing authority10
may remove any member for cause.11
(4) Terms of members shall be four years, except for initial terms which12
shall be as follows: two shall be appointed for a term of one year, one for a term13
of two years, one for a term of three years, and one for a term of four years as14
determined by lot at the first meeting of the board. Vacancies occurring prior15
to the expiration of a term shall be filled in the manner of the original16
appointment for the remainder of the unexpired term.17
(5) The board shall elect a chairman, a vice chairman, and a secretary-18
treasurer from among its members. Officers shall serve one-year terms but shall19
be eligible for reelection. The board shall adopt such rules for the transaction20
of its business as it deems necessary and shall keep a record of its resolutions,21
transactions, studies, findings, and determinations, which record shall be a22
public record.23
(6) The board may employ or contract with an executive director and set24
his compensation and terms of employment. Notwithstanding any other25
provision of law to the contrary, the board may establish the term of such26
contract. The board also may employ such other employees as are necessary to27
carry out the functions of the district as authorized by the board.28
D. Redevelopment activities. (1) In order to effectuate the purposes of29 SB NO. 241
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this Section, the board shall have the specific authority provided in R.S.1
33:4625(F), except for the power to expropriate property; such authority shall2
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 Leesville for review.5
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 Leesville 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 such 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
Leesville and district electors as provided in Paragraph (4) of this Subsection,24
the district may levy an ad valorem tax not exceeding twenty mills for such25
number of years as may be provided in the proposition authorizing its levy for26
the purpose of planning, constructing, acquiring, operating, or maintaining27
public facilities contemplated by the redevelopment plan and for the operating28
expenses of the district.29 SB NO. 241
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(2) Subject to the approval of the governing authority of Leesville and1
district electors as provided in Paragraph (4) of this Subsection, the district may2
issue general obligation bonds in accordance with the provisions of R.S. 39:5513
et seq., for the purpose of constructing, acquiring, or improving any work of4
public improvement contemplated by the redevelopment plan. As provided by5
Article VI, Section 33 of the Constitution of Louisiana, the bonds shall have6
pledged thereto the full faith and credit of the district, and the district shall levy7
and collect taxes on all property subject to taxation in the district sufficient to8
pay the bonds in principal, interest, and premium, if any, as the same become9
due and payable.10
(3) Any ad valorem tax levied by the district, including taxes levied under11
Paragraph (1) of this Subsection or levied to provide for payment of bonds12
authorized under Paragraph (2) of this Subsection, being special ad valorem13
taxes, shall be subject to homestead exemption as provided by Article VII,14
Section 20 of the Constitution of Louisiana.15
(4) No ad valorem tax may be levied under the provisions of Paragraph16
(1) of this Subsection nor may any bonds be issued under the provisions of17
Paragraph (2) of this Subsection unless authorized by a majority of the electors18
of the district who vote at an election held for that purpose in accordance with19
the applicable provisions of the Louisiana Election Code. The governing20
authority of the city of Leesville shall call any such election.21
(5) Any tax levied under authority of this Subsection shall be in addition22
to all other taxes which other political subdivisions in Vernon Parish are now23
or hereafter may be authorized by law to levy and collect. All services and24
programs to be provided from the proceeds of the tax shall be in addition to the25
services and programs which are otherwise provided by other governing26
authorities.27
F. The district shall be authorized to enter into agreements with any28
person or persons, public or private, providing for contributions or payments29 SB NO. 241
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towards the cost of financing public facilities in the district. The district is1
hereby authorized to issue bonds secured wholly or partly by the revenues of2
such agreements and wholly or partly by other revenues that may be received,3
from time to time, by the district provided the bonds are authorized and issued4
in the manner provided by R.S. 39:1011 et seq.5
G. The financial records of the district shall be audited pursuant to the6
provisions of R.S. 24:513.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michael Bell.
DIGEST
John Smith (SB 241)
Proposed law creates the Leesville Economic Development District in the parish of Vernon.
The district shall be a political subdivision of the state created for the purpose of developing
the area included within the district.  It is established to promote, encourage, and create
economic development activities and employment opportunities.
Proposed law provides for the boundaries of the district.
Proposed law provides that the district will be managed by a five-member board of
commissioners which will be composed as follows:
(1)One member appointed by the state representative for House District No. 24.
(2)One member appointed by the state representative for House District No. 30.
(3)One member appointed by the state senator for Senate District No. 30.
(4)One member appointed by the member or members of the governing authority of the
parish of Vernon who represent the district.
(5)One member will be appointed by the mayor of Leesville.
Proposed law provides that terms of members will be four years, except for initial terms
which will be determined by lot as follows: 
(1)Two shall be appointed for a term of one year.  SB NO. 241
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(2)One for a term of two years. 
(3)One for a term of three years. 
(4)One for a term of four years.
Proposed law provides that vacancies occurring prior to the expiration of a term shall be
filled in the manner of the original appointment for the remainder of the unexpired term.
Proposed law provides that the board will elect a chairman, a vice chairman, and a secretary-
treasurer from among its members.
Proposed law provides that the board shall adopt such rules for the transaction of its business
as it deems necessary and shall keep a record of its resolutions, transactions, studies,
findings, and determinations, which record shall be a public record.
Proposed law provides that the board may employ or contract with an executive director and
set his compensation and terms of employment.  The board also may employ such other
employees as are necessary to carry out the functions of the district as authorized by the
board.
Proposed law provides that the board shall have the specific authority provided in 	present
law for military facilities.
Proposed law specifically provides that the board shall not have the power to expropriate
property within the district.
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 Leesville for review. 
Proposed law provides that the board shall formulate a program or programs to implement
any redevelopment plan. Provides that 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.  Provides that the board may conduct studies and may
consult with all departments of the city of Leesville and other public or private agencies
concerned with matters affecting or affected by the program.
Proposed law provides that after adoption of the development program, the board may
implement any portion of the program in such manner as will, in its judgment, most likely
accomplish the objectives of 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 present law regarding the Louisiana Local Government Budget Act.
Proposed law provides that subject to the approval of the governing authority of Leesville
and district electors, the district may levy an ad valorem tax not exceeding 20 mills.
Proposed law provides that the district may issue general obligation bonds in accordance
with the provisions of present law for bonded indebtedness for the purpose of constructing,
acquiring, or improving any work of public improvement contemplated by the
redevelopment plan. SB NO. 241
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Proposed law provides that any ad valorem tax levied by the district, shall be subject to
homestead exemption as provided by 	present law.
Proposed law provides that no ad valorem tax may be levied nor may any bonds be issued
unless authorized by a majority of the electors of the district who vote at an election held for
that purpose.
Proposed law provides that any tax levied under authority of proposed law will be in
addition to all other taxes which other political subdivisions in Vernon Parish are now or
hereafter may be authorized by law to levy and collect.
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. Further provides that 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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 33:2740.70.2)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Adds provision that the board shall not have the power to expropriate
property within the district.