HLS 15RS-933 ORIGINAL 2015 Regular Session HOUSE BILL NO. 715 BY REPRESENTATIVE HALL DISTRICTS/DOWNTOWN DEVEL: Provides relative to the Pineville Downtown Development District 1 AN ACT 2To amend and reenact R.S. 33:2740.50, relative to the Pineville Downtown Development 3 District; to provide relative to the governing board of the district; to change the 4 membership of the board; to provide relative to the powers and duties of the district, 5 including the authority to levy taxes and issue bonds; and to provide for related 6 matters. 7 Notice of intention to introduce this Act has been published 8 as provided by Article III, Section 13 of the Constitution of 9 Louisiana. 10Be it enacted by the Legislature of Louisiana: 11 Section 1. R.S. 33:2740.50 is hereby amended and reenacted to read as follows: 12 ยง2740.50. Pineville Downtown Development District 13 A. Intent. The legislature hereby finds and declares that it is necessary for 14 the public health, safety, and welfare of the city of Pineville that the property value 15 deterioration in the downtown area be halted and that the causes of such deterioration 16 be halted. 17 B. Creation. (1) The Pineville Downtown Development District, hereinafter 18 referred to in this Section as the "district", is hereby created for the primary purpose 19 of redevelopment of the central business district. The district shall be a political 20 subdivision of the state as defined in the Constitution of Louisiana. Page 1 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 (2) The district shall be comprised of a certain piece, parcel, or lot of ground 2 being, lying, and situated in Sections 2, 10, 11, 16, 17, 18, 19, 20, and 21, Township 3 4 North, Range 1 West of the Louisiana Meridian, District North of Red River, City 4 of Pineville, Rapides Parish, Louisiana; being more particularly described as follows, 5 to wit: 6 Commencing at a point located at the intersection of the centerline of Red 7 River with the western right-of-way line of Union Pacific Railroad (abandoned), said 8 point being located in Section 10, Township 4 North, Range 1 West, District North 9 of Red River, Rapides Parish, Louisiana, and also being the point of beginning of the 10 tract to be described; 11 Thence proceed in a northeasterly direction, along the western right-of-way 12 line of said Union Pacific Railroad, a distance of approximately 7,000.00 feet to a 13 point being South 90 degrees 00 minutes 00 seconds West from the frog of the Union 14 Pacific Railroad and the Kansas City Southern Railroad/Louisiana and Arkansas 15 Railroad intersection, said frog being located in Section 2, Township 4 North, Range 16 1 West, District North of Red River, Rapides Parish, Louisiana. 17 Thence turn right and proceed North 90 degrees 00 minutes 00 seconds East, 18 a distance of approximately 100.00 feet to a point located on the eastern right-of-way 19 line of the Kansas City Southern Railroad/Louisiana and Arkansas Railroad. 20 Thence turn right and proceed in a southeasterly direction, along the eastern 21 right-of-way line of the Kansas City Southern/Louisiana and Arkansas Railroad, a 22 distance of approximately 12,000.00 feet to a point located near the Pineville 23 Expressway; 24 Thence turn right and proceed in a southwesterly direction, along the eastern 25 right-of-way line of the Kansas City Southern Railroad/Louisiana and Arkansas 26 Railroad, center line of Highway 167 (Pineville Expressway), a distance of 27 approximately 5,000.00 feet to a point located in the centerline of Red River, said 28 point being located in Section 21, Township 4 North, Range 1 West, District North 29 of Red River, Rapides Parish, Louisiana. Page 2 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 Thence turn right and proceed in a northwesterly direction, along the 2 centerline of the Red River, a distance of approximately 11,000.00 feet to the point 3 of beginning. 4 (3) The district shall be a political subdivision of the state of Louisiana as 5 defined in Article VI, Paragraph 44(2) of the Constitution of Louisiana and, as such, 6 shall have all of the powers accorded by law to political subdivisions of the state, 7 including the power to cooperate with and to engage in cooperative endeavors with 8 other persons and entities as provided by Article VI, Section 20 and Article VII, 9 Paragraph 14(C) of the Constitution of Louisiana. 10 C. Governance. (1) The governing authority of the district shall be a board 11 consisting of seven members district shall be governed by a board of seven 12 commissioners, referred to in this Section as the "board", appointed as follows: 13 (a) The governing authority of Pineville shall appoint three members. 14 (b) The Central Cities Development Corporation shall appoint one member. 15 (c) The North Rapides Community Enhancement Program shall appoint one 16 member. 17 (d) The District One Neighborhood Watch shall appoint one member. 18 (e) The governing authority of Rapides Parish shall appoint one member. 19 (a) The governing authority of the city of Pineville shall appoint three 20 members. 21 (b) The governing authority of the parish of Rapides shall appoint one 22 member. 23 (c) The Central Louisiana Economic Development Alliance shall appoint one 24 member. 25 (d) The governing board of the Central Louisiana Chamber of Commerce 26 shall appoint one member. 27 (e) The North Rapides Business and Industry Alliance shall appoint one 28 member. Page 3 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 (2) The appointments made pursuant to Subparagraphs (1)(b) through (e) of 2 this Subsection shall be subject to confirmation by the governing authority of the city 3 of Pineville. 4 (3) If any appointing authority fails to make an appointment within thirty 5 days after notification by the board of a vacancy, the governing authority of the city 6 of Pineville may appoint a member of its own choosing. Each member of the board 7 shall be a registered voter of Rapides Parish. The appointing authority may remove 8 any member for cause. 9 (4) Terms of members shall be four years, except for initial terms which 10 shall be as follows: one shall be appointed for a term of one year, two for a term of 11 two years, two for a term of three years, and two for a term of four years as 12 determined by lot at the first meeting of the board. Vacancies occurring prior to the 13 expiration of a term shall be filled in the manner of the original appointment for the 14 remainder of the unexpired term. 15 (5) The board shall elect a chairman, a vice chairman, and a secretary- 16 treasurer from among its members. Officers shall serve one-year terms but shall be 17 eligible for reelection. The board shall adopt such rules for the transaction of its 18 business as it deems necessary and shall keep a record of its resolutions, transactions, 19 studies, findings, and determinations, which record shall be a public record. 20 (6) The board may employ or contract with an executive director and set his 21 compensation and terms of employment. Notwithstanding any other provision of 22 law to the contrary, the board may establish the term of such contract. The board 23 also may employ such other employees as are necessary to carry out the functions 24 of the district as authorized by the board. 25 D. Redevelopment activities. (1) In order to effectuate the purposes of this 26 Section, the board shall have the specific authority provided in R.S. 33:4625(F); such 27 authority shall be exercised solely within the district. 28 (2) The board shall formulate a redevelopment plan or plans for the district 29 and shall submit any such plan to the governing authority of Pineville for review. Page 4 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 The board shall formulate a program or programs to implement any redevelopment 2 plan. Such a program shall implement the various plans in such a manner as to aid 3 and encourage private development of the area and to promote and coordinate public 4 development. In formulating such a program, the board may conduct studies and 5 may consult with all departments of the city of Pineville and other public or private 6 agencies concerned with matters affecting or affected by the program. 7 (3) After adoption of the development program, the board may implement 8 any portion thereof in such manner as shall, in its judgment, most likely accomplish 9 said program. To that end, the district may employ or contract with engineers, 10 architects, attorneys, underwriters, and other professionals necessary for the 11 financing and implementation of the construction, renovation, maintenance, or 12 operation of facilities described in the redevelopment plan and may contract in 13 accordance with law for the construction, renovation, maintenance, or operation of 14 the facilities. 15 (4) The board shall prepare each year an annual budget in accordance with 16 the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. 17 E. Revenues. (1) Subject to the approval of the governing authority of 18 Pineville and district electors as provided in Paragraph (4) of this Subsection, the 19 district may levy an ad valorem tax not exceeding fifteen mills for such number of 20 years as may be provided in the proposition authorizing its levy for the purpose of 21 planning, constructing, acquiring, operating, or maintaining public facilities 22 contemplated by the redevelopment plan and for the operating expenses of the 23 district. 24 (2) Subject to the approval of the governing authority of Pineville and 25 district electors as provided in Paragraph (4) of this Subsection, the district may issue 26 general obligation bonds in accordance with the provisions of R.S. 39:551 et seq. for 27 the purpose of constructing, acquiring, or improving any work of public 28 improvement contemplated by the redevelopment plan. As provided by Article VI, 29 Section 33 of the Constitution of Louisiana, the bonds shall have pledged thereto the Page 5 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 full faith and credit of the district, and the district shall levy and collect taxes on all 2 property subject to taxation in the district sufficient to pay the bonds in principal, 3 interest, and premium, if any, as the same become due and payable. 4 (3) Any ad valorem tax levied by the district, including taxes levied under 5 Paragraph (1) of this Subsection or levied to provide for payment of bonds 6 authorized under Paragraph (2) of this Subsection, being special ad valorem taxes, 7 shall be subject to homestead exemption as provided by Article VII, Section 20 of 8 the Constitution of Louisiana. 9 (4) No ad valorem tax may be levied under the provisions of Paragraph (1) 10 of this Subsection nor may any bonds be issued under the provisions of Paragraph 11 (2) of this Subsection unless authorized by a majority of the electors of the district 12 who vote at an election held for that purpose in accordance with the applicable 13 provisions of the Louisiana Election Code. The governing authority of the city of 14 Pineville shall call any such election. 15 (5) Any tax levied under authority of this Subsection shall be in addition to 16 all other taxes which other political subdivisions in Rapides Parish are now or 17 hereafter may be authorized by law to levy and collect. All services and programs 18 to be provided from the proceeds of the tax shall be in addition to the services and 19 programs which are otherwise provided by other governing authorities. 20 F. The district shall be authorized to enter into agreements with any person 21 or persons, public or private, providing for contributions or payments towards the 22 cost of financing public facilities in the district. The district is hereby authorized to 23 issue bonds secured wholly or partly by the revenues of such agreements and wholly 24 or partly by other revenues that may be received, from time to time, by the district 25 provided the bonds are authorized and issued in the manner provided by R.S. 26 39:1011 et seq. 27 G. The financial records of the district shall be audited pursuant to the 28 provisions of R.S. 24:513. Page 6 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 E. Powers and duties. (1) The district, through the board, shall have all 2 powers necessary or convenient to carry out and effectuate the purposes and 3 provisions of this Chapter, including but not limited to the following: 4 (a) To sue and be sued and as such to stand in judgment. 5 (b) To adopt, use, and alter at will a corporate seal. 6 (c) To acquire by gift, grant, purchase, lease, or otherwise and to hold and 7 use any property, real, personal, mixed, tangible, or intangible, or any interest 8 therein, necessary or desirable for carrying out the objects and purposes of the 9 district, and to engage in any action, such as the purchase of insurance, necessary or 10 desirable for the maintenance or improvement of such property. 11 (d)(i) To sell, lease for a term of up to ninety-nine years, exchange, or 12 otherwise dispose of or transfer to or with other political subdivisions of this state 13 or public or private persons at public or private sale any residential, commercial, or 14 industrial land, property, improvements, or portions thereof, including real property, 15 which is, in the opinion of the board, appropriate to accomplish the objectives and 16 purposes of the district. 17 (ii) Prior to any sale, lease, conveyance, disposition, or transfer of property 18 pursuant to this Paragraph, the district shall fix the price and terms of the sale, lease, 19 exchange, or other contract to be made with reference to the property. Such sale, 20 lease, conveyance, disposition, or transfer shall comply with the terms and provisions 21 of this Section. 22 (iii) Any sale of industrial land, as defined by Chapter 8 of Title 51 of the 23 Louisiana Revised Statutes and the statutes referenced therein, shall be in accordance 24 with laws providing for the disposition or transfer of such land. 25 (iv) Other than the requirements of this Section, no other law limiting or 26 regulating the form or manner of the sale, lease, conveyance, disposition, or transfer 27 of property by public bodies, including without limitation R.S. 41:1338, shall apply 28 to the sale, lease, conveyance, disposition, or transfer of property by the district. All Page 7 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 such sales, leases, conveyance, dispositions, or transfers of property remain subject 2 to the limitations imposed by the Constitution of Louisiana. 3 (e) To convey to the United States, the state, or to any political subdivision 4 of the state any land, property, right-of-way, easement, servitude, or other thing of 5 value, which the district may own or acquire, for use by such governmental entity to 6 accomplish the objectives and purposes of the district, pursuant to the terms of any 7 appropriate cooperative endeavor agreement. 8 (f) To make and collect reasonable charges for the use of property of the 9 district and for services rendered by the district and to regulate fees or rentals 10 charged for use of privately owned facilities located on property owned or sold by 11 the district when such facilities are offered for use by the public or by a private 12 industrial, commercial, research, or other economic development entity or activity. 13 (g) To enter into contracts and agreements with public bodies or public or 14 private entities to achieve the district's objectives and purposes, including but not 15 limited to contracts for professional, legal, and other services and for the purchase, 16 lease, acquisition, sale, construction, operation, maintenance, marketing, and 17 improvement of land, public works, and facilities, as the board may deem necessary 18 or convenient to accomplish the objectives and purposes of the district. 19 (h) To plan, develop, regulate, operate, and maintain activities and planned 20 land uses to foster creation of new jobs, economic development, industry, health 21 care, general public and social welfare, commerce, manufacturing, tourism, 22 relocation of people and businesses to the area, shipbuilding, aviation, military, 23 warehousing, transportation, offices, recreation, housing development, and 24 conservation. 25 (i) To acquire land and improvements to construct, operate, and maintain 26 facilities, improvements, and infrastructure, including buildings, roads, bridges, 27 drainage, and utilities, and to perform other functions and activities on property 28 owned or leased by the district to accomplish the objectives and purposes of the 29 district. However, the district is prohibited from constructing, operating, or Page 8 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 maintaining any water, electric, or gas utility facilities which duplicate, curtail, 2 impair, or directly compete with a regulated water, electric, or gas utility facility 3 operating in or adjacent to the property owned or leased by the district. 4 (j) To require and issue licenses. 5 (k) To develop, activate, construct, exchange, acquire, improve, repair, 6 operate, maintain, lease, mortgage, sell, and grant a security device affecting the 7 movable and immovable property, servitudes, facilities, and works within the 8 jurisdiction of the district under such terms and conditions as the board may deem 9 necessary or appropriate for any public purpose, including industrial, residential, 10 subdivision, and commercial development. 11 (l) To borrow money and to pledge or grant a security device affecting all 12 or part of its revenues, leases, rents, and other advantages as security for such loans. 13 (m) To appoint officers, agents, and employees, prescribe their duties, and 14 fix their compensation. 15 (n) To undertake and carry out redevelopment projects and related activities. 16 (o) To apply for and accept advances, leases, grants, contributions, and any 17 other form of financial assistance from the United States, the state of Louisiana, 18 political subdivisions of the state, or other public bodies, or from any sources, public 19 or private, for the purposes of this Section, and to give such security as may be 20 required and to enter into and carry out contracts or agreements in connection 21 therewith; and to include in any contract for financial assistance with the federal 22 government such conditions imposed pursuant to federal laws as the board may deem 23 reasonable and appropriate and which are not inconsistent with the purposes of this 24 Section. 25 (2) The district shall not be deemed to be an instrumentality of the state for 26 purposes of Article X, Section 1(A) of the Constitution of Louisiana. 27 F. Revenues. (1) The district, through the board, may levy and collect ad 28 valorem taxes on all taxable immovable property situated within the boundaries of 29 the district, if the amount, term, and purpose of such taxes, as set out in propositions Page 9 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 submitted to a vote in accordance with the Louisiana Election Code, is approved by 2 a majority of the qualified electors residing in the district voting in an election held 3 for that purpose. 4 (2)(a) The district, through the board, may also levy and collect sales and use 5 taxes within the boundaries of the district for such purposes and at such rate as 6 provided by the propositions authorizing their levy, not to exceed in aggregate one 7 percent, which taxes may not exceed the limitation set forth in the Constitution of 8 Louisiana, if the proposition submitted to a vote in accordance with the Louisiana 9 Election Code is approved by a majority of the qualified electors residing in the 10 district voting in an election held for that purpose. 11 (b) The tax shall be levied upon the sale at retail, the use, the lease or rental, 12 the consumption, the distribution, and storage for use or consumption of tangible 13 personal property, and upon the sales of services within the boundaries of the district, 14 all as defined in R.S. 47:301 et seq. 15 (c) Except where inapplicable, the procedure established by R.S. 47:301 et 16 seq. shall be followed in the imposition, collection, and enforcement of the tax, and 17 procedural details necessary to supplement those Sections and to make them 18 applicable to the tax authorized in this Paragraph shall be fixed in the resolution 19 imposing the tax. 20 (d) The tax shall be imposed and collected uniformly throughout the 21 jurisdiction of the district. 22 (e) Any tax levied under this Paragraph shall be in addition to all other taxes 23 which the city of Pineville or any other political subdivision within the parish of 24 Rapides is now or hereafter authorized to levy and collect. 25 G. Bonds. (1) The district may incur debt and issue general obligation bonds 26 under the authority of and subject to the provisions of Article VI, Section 33 of the 27 Constitution of Louisiana, and Subpart A of Part III of Chapter 4 of Subtitle II of 28 Title 39 of the Louisiana Revised Statutes of 1950, for the acquisition and operation 29 of district property or to carry out the other public purposes of this Section, and to Page 10 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 issue any other bonds permitted by law, borrow money, and issue certificates of 2 indebtedness, notes, and other debt obligations as evidence thereof and provide for 3 the manner and method of repayment in accordance with law. 4 (2) The district may issue revenue bonds to finance the undertaking of a 5 redevelopment project under this Section, or otherwise to acquire, purchase, lease, 6 construct, or improve residential, commercial, research, industrial, or other plant 7 sites and buildings, or other capital improvements, including energy and pollution 8 abatement and control facilities and necessary property and appurtenances thereto; 9 and may sell, lease, sublease, or otherwise dispose of by suitable and appropriate 10 contract to any enterprise locating or existing within the jurisdiction of the district 11 such sites, buildings, or facilities and appurtenances thereto, all or severally. The 12 funds derived from the sale of such bonds may be disbursed in whole or in part upon 13 delivery of the bonds as shall be provided in the contract between the district and the 14 residential, commercial, research, industrial, or other enterprise to be aided, 15 encouraged, or benefited subject to the requirements of this Section. 16 (3) The issuing authority may enter into, amend, or terminate, as it 17 determines to be necessary or appropriate, any ancillary contracts (a) to facilitate the 18 issuance, sale, resale, purchase, repurchase, or payments of bonds, including without 19 limitation bond insurance, letters of credit, and liquidity facilities, or (b) to attempt 20 to hedge risk or achieve a desirable effective interest rate or cash flow, all subject to 21 the approval of the State Bond Commission. 22 (4) Bonds issued under Paragraph (2) of this Subsection shall be authorized 23 by resolution of the board and shall be limited obligations of the issuing authority; 24 the principal and interest, costs of issuance, and other costs incidental thereto shall 25 be payable solely from the income and revenue derived from the sale, lease, or other 26 disposition of the project or facility to be financed by the bonds issued under this 27 Subsection, or from the income and revenue derived from the sale, lease, or other 28 disposition of any existing project or facility acquired, constructed, and improved 29 under the provision of this Subsection, or from any source available for such Page 11 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 purpose. However, in the discretion of the issuing authority, the bonds may be 2 additionally secured by mortgage or other security device covering all or part of the 3 project from which the revenues so pledged may be derived. Any refunding bonds 4 issued pursuant to this Subsection shall be payable from any source described above 5 or from the investment of any of the proceeds of the refunding bonds authorized 6 under this Subsection and shall not constitute an indebtedness or pledge of the 7 general credit of the district within the meaning of any constitutional or statutory 8 limitation of indebtedness and shall contain a recital to that effect. Bonds of the 9 district issued under this Subsection shall be issued in such form, shall be in such 10 denominations, shall bear interest, shall mature in such manner, and be executed by 11 one or more members of the board as provided in the resolution authorizing the 12 issuance thereof. Such bonds may be subject to redemption at the option of and in 13 the manner determined by the board in the resolution authorizing the issuance 14 thereof. 15 (5) No bonds or other evidences of indebtedness may be issued under this 16 Subsection without the prior approval of the State Bond Commission of the terms 17 and provisions thereof. 18 (6) Bonds issued under this Subsection shall be issued, sold, and delivered 19 in accordance with the terms and provisions of a resolution adopted by the board. 20 The board may sell such bonds in such manner, either at public or at private sale, and 21 for such price as it may determine to be in the best interests of the district, subject 22 to the approval of the State Bond Commission. The resolution issuing bonds shall 23 be published in a newspaper of general circulation within the jurisdiction of the 24 district, and for a period of thirty days after the publication, any interested citizen 25 may bring an action to contest the bonds and the security therefor, as provided in the 26 Constitution of Louisiana. If, after the expiration of thirty days, no suit has been 27 filed, the issuance, sale, and security of the bonds shall be incontestable, and no court 28 shall have authority to entertain any action questioning or contesting such matters. Page 12 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 (7) Bonds issued by the district under this Section are deemed to be 2 securities of public entities within the meaning of Chapters 13 and 13-A of Title 39 3 of the Louisiana Revised Statutes of 1950, and shall be subject to defeasance in 4 accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised 5 Statutes of 1950, shall be subject to the refunding provisions of Chapter 14-A of 6 Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued as 7 short-term revenue notes of a public entity under Chapter 15-A of Title 39 of the 8 Louisiana Revised Statutes of 1950. 9 (8) No bonds, other debt obligations, or contracts of the district shall be a 10 charge upon the income, property, or revenue of the parish of Rapides or the city of 11 Pineville, as appropriate, nor shall any obligations of the district be the obligations 12 of the parish or city. 13 (9) Any bonds issued by the district shall be subject to the Bond Validation 14 Law (R.S. 13:5121), pursuant to which the issuance of the bonds may be submitted 15 to the courts for validation. 16 H. Budget. (1) The board shall adopt an annual budget in accordance with 17 the Local Government Budget Act, R.S. 39:1301 et seq. 18 (2) The financial records of the district shall be audited pursuant to the 19 provisions of R.S. 24:513. 20 I. Governmental functions. The exercise by the board of the powers 21 conferred by this Section shall be deemed and held to be essential governmental 22 functions of the state. As the exercise of the powers granted hereby will be in all 23 respects for the benefit of the people of the state, for the increase of commerce and 24 prosperity, and for the improvement of their health and living conditions, the district 25 shall not be required to pay any taxes including but not limited to sales and use taxes, 26 ad valorem taxes, income, or any other taxes of any kind or nature, or assessments 27 upon any property acquired or leased by the district pursuant to the provisions of this 28 Section, or upon the income therefrom, and any bonds issued pursuant to this Section Page 13 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 1 and the income therefrom shall be exempt from taxation by the state and by any 2 parish, municipality, or other political subdivision of the state. 3 Section 2. The terms of the members of the board of commissioners of the Pineville 4Downtown Development District in office on the effective date of this Act shall terminate 5on such date; however, such members shall remain in office until the board members are 6appointed as provided in this and take office. The members of the governing board of the 7Pineville Downtown Development District shall be appointed and shall take office as 8provided in this Act and shall serve terms of office as provided in this Act. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 715 Original 2015 Regular Session Hall Abstract: Relative to the Pineville Downtown Development District, provides relative to the membership of the governing board and provides relative to the powers and duties of the district and the board. Present law creates the Pineville Downtown Development District as a political subdivision of the state for the primary purpose of redevelopment of the central business district. Provides for district boundaries. Proposed law retains present law. Proposed law provides that the district is governed by a board of seven commissioners composed as follows: (1)Three members appointed by the governing authority of Pineville. (2)One member appointed by the Central Cities Development Corporation. (3)One member appointed by the North Rapides Community Enhancement Program. (4)One member appointed by the District One Neighborhood Watch. (5)One member appointed by the governing authority of Rapides Parish. Proposed law provides instead that the seven member board is composed as follows: (1)Three members appointed by governing authority of the city of Pineville. (2)One member appointed by the governing authority of the Rapides Parish. (3)One member appointed by the Central Louisiana Economic Development Alliance. (4)One member appointed by the governing board of the Central Louisiana Chamber of Commerce. Page 14 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 (5)One member appointed by the North Rapides Business and Industry Alliance. Present law (R.S. 33:4625) authorizes parishes to create redevelopment agencies, subject to voter approval, to provide for the utilization of appropriate public resources to eliminate and prevent the development or spread of slum, blighted, and distressed areas. Provides for the powers and duties of the redevelopment agency including but not limited to the following: (1)To undertake and carry out redevelopment projects and related activities within its area of operation. (2)To provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with a redevelopment project, to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements. (3)To acquire by purchase, lease, option, gift, grant, bequest, devise, by expropriation or otherwise, any real property (or personal property for its administrative purposes) together with any improvements thereon; to hold, improve, clear or prepare for redevelopment any such property; to mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property. Proposed law retains present law and grants the district the powers granted by present law to a parish redevelopment agency. Present law requires the district to formulate a redevelopment plan(s) and to submit any plan to the governing authority of Pineville for review. Further requires the board to formulate a program(s) to implement any redevelopment plan. Authorizes the district employ all necessary professionals to implement the program. Proposed law retains present law. Proposed law additionally provides for the powers and duties of the district including but not limited to the following: (1)To sue and be sued and as such to stand in judgment. (2)To adopt, use, and alter at will a corporate seal. (3)To acquire by gift, grant, purchase, lease, or otherwise and to hold and use any property, real, personal, mixed, tangible, or intangible, or any interest therein, necessary or desirable for carrying out the objects and purposes of the district. (4)To sell, lease for a term of up to ninety-nine years, exchange, or otherwise dispose of or transfer to or with other political subdivisions of this state or public or private persons at public or private sale any residential, commercial, or industrial land, property, improvements, or portions thereof. (5)To make and collect reasonable charges for the use of property of the district and for services rendered by the district and to regulate fees or rentals charged for use of privately owned facilities located on property owned or sold by the district. (6)To enter into contracts and agreements with public bodies or public or private entities to achieve the district's objectives and purposes. Proposed law provides that the authority shall not be deemed to be an instrumentality of the state for purposes of the state civil service provisions of the state constitution. Page 15 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-933 ORIGINAL HB NO. 715 Present law authorizes the district, subject to voter approval, to levy an ad valorem tax not to exceed 15 mills for the purpose of constructing, acquiring, and maintaining public facilities contemplated by the district redevelopment plan and for the operating expenses of the district. Proposed law authorizes the district, subject to voter approval, to levy an ad valorem tax but does not provide for the maximum amount of tax or specify the use of the tax proceeds. Additionally authorizes the district, subject to voter approval, to levy a sales and use tax not to exceed 1%. Present law authorizes the district, subject to voter approval, to issue general obligation bonds for the purpose of constructing, acquiring, or improving any work of public improvement contemplated by the redevelopment plan. Proposed law instead authorizes the district to issue bonds permitted by law, incur debt, borrow money, and issue certificates of indebtedness, notes, and other debt obligations as evidence thereof for the acquisition and operation of district property and provide for the manner and method of repayment in accordance with law. Proposed law authorizes the district to issue revenue bonds to finance the undertaking of a redevelopment project, or otherwise to acquire, purchase, lease, construct, or improve housing, residential development, subdivision development, commercial, research, industrial, or other plant sites and buildings, or other capital improvements. Authorizes the authority to enter into, amend, or terminate, as it determines to be necessary or appropriate, any ancillary contracts for certain purposes. Present law requires the district's board to adopt an annual budget in accordance with present law (Local Government Budget Act) and provides that the district shall be subject to audit by the legislative auditor. Proposed law retains present law. Proposed law provides that the district shall not be required to pay any taxes. Provides that any bonds issued by the district and the income therefrom shall be exempt from taxation by the state and by any parish, municipality, or other political subdivision of the state. (Amends R.S. 33:2740.50) Page 16 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions.