RS 2740.24 - Minden Downtown Development District; commission; powers
A. The legislature hereby finds and declares that it is necessary for the public, health, safety, and welfare of the city of Minden that the property value deterioration in the principal area or areas of the city of Minden zoned for business and known generally as the central business district be halted, since the central business district is the center of commercial, civic and cultural activities of the area. The legislature further finds that the supervision of the central business district can best be perpetuated by the continuance of the Minden Main Street Project.
B. In order to fund the continuation of this program and for purposes provided in this Section, a special taxing district is created within the city of Minden to be composed of the area of the city of Minden having the following boundaries:
Begin at a point where Dennis Street intersects with Highway 80 (Shreveport Road) and from this point of beginning run in a northeasterly direction and along Dennis Street to a point that is one-half way between Murrell Street and Spann Street, thence in a northwesterly direction and parallel to Murrell Street run to Pennsylvania Avenue, thence in a southwesterly direction and along Pennsylvania Avenue run to First Street, thence in a northwesterly direction and along First Street run to Gleason Street, thence northeasterly run one lot deep in line with the extension of Gleason Street, thence northwesterly and parallel to Murrell Street run to Main Street, thence run in a southwesterly direction along Main Street to McDonald Street, thence north and along McDonald Street run to Chaffee Street, thence run along Chaffee Street and across Cedar Street to a point that is on Minden Medical Center's northeast property line, thence northwesterly one lot deep and to a point on Minden Medical Center's north property line, thence southwesterly to West Union Street, thence southeasterly and along West Union Street one block deep, thence in a southwesterly direction and along lot lines to Pine Street, thence in a southeasterly direction and along Pine Street to a point that is one lot deep from the intersection of Monroe Street with Pine Street, thence in a southwesterly direction and following lot lines run to the intersection of Dennis Street with Highway 80 (Shreveport Road), which is the point of beginning.
The special taxing district shall be known as, and is hereby designated the Downtown Development District of the City of Minden, hereinafter referred to as the "district".
C.(1) The district shall be governed by a commission, which is hereby designated as the Downtown Development District Commission. The commission shall be composed of seven members, all of whom shall be qualified voters of the city of Minden or hold a majority interest in a business or property located in the district. The seven members shall be appointed by the mayor of the city of Minden upon the approval of the city council with due consideration being given to the needs and desires of the commission. The commission shall appoint subcommittees, for various needs and events, with no limitations on residency.
(2) In addition, the mayor of the city of Minden and the director shall be nonvoting ex officio members of the commission.
(3)(a) The members of the board initially appointed shall have terms of office as follows:
(i) Two members for one year each;
(ii) Two members for two years each; and
(iii) Three members for three years each.
(b) The length of the term for each individual appointed shall be determined by lot at the first meeting of the board.
(c) The members of the board shall serve until their successors have been appointed and qualified.
(d) The terms of members of the board appointed upon the expiration of the initial terms shall be three years, and upon expiration of a term of office, the successor shall be appointed in accordance with the procedures herein prescribed for the appointment of the original members.
(e) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term.
D. The commission shall elect a chairman, vice chairman, and a secretary-treasurer from among its members. The terms of the officers shall be one year, but any officer shall be eligible for reelection. The commission 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 public record. The mayor's office shall be provided with a copy of all such transactions and records.
E. The mayor, with council approval, shall be empowered to employ a director and such other employees as are necessary to carry out the functions of the commission. It shall be the function and duty of the commission and director to formulate the program to implement the various development plans of the Minden Main Street Project heretofore or hereafter submitted, upon approval of the mayor of the city of Minden, and the commission shall revise or amend its decisions from time to time as it sees fit with the approval of the mayor of the city of Minden. Such a program shall implement the various plans with the responsibility of aiding and encouraging private development. A copy of such plans shall be submitted to the mayor's office by the director for review and approval. In carrying out such programs, the commission may consult with all departments of the city of Minden and such other public agencies as are concerned with matters affecting or affected by the program. The commission may conduct studies and based thereon may make such recommendations as it determines are calculated to implement the intent and purposes of this Section. The Downtown Development District director shall also serve and function as the manager of the Minden Main Street Project.
F. In order to provide funds for the implementation of the proposals and programs of the district, the commission shall submit to the city council, with its proposals and programs, recommendations and proposals for the levy of special ad valorem taxes not to exceed at any given time an aggregate of two mills on the dollar of assessed valuation on all property situated within the district. The proceeds of any such ad valorem tax shall be used solely and exclusively for the purposes and benefit of the district, and said proceeds may be expended by the commission for administration, operational expenses, acquiring property by purchase, donation, exchange, or otherwise as they deem appropriate but not by expropriation, or the retirement of bonds, or other evidence of indebtedness. However, the proceeds of any such ad valorem tax shall not be used for any motel or lodging facilities or industry which would compete with any existing such private enterprise in the district. Any property acquired by the district shall be disposed of only in accordance with R.S. 33:4712. The commission may also submit recommendations and proposals for the issuance of bonds or other evidences of indebtedness, which may be secured by all or part of the proceeds of said ad valorem tax or ad valorem taxes herein. The proposals, both for the levy of any special ad valorem tax or for the issuance of bonds, shall be submitted to the Minden city council for approval. Any proposal for the levy of a special ad valorem tax shall state the rate, object, and purpose for which the ad valorem tax is to be levied, and the number of years it is to be levied and collected, and if the proceeds of any ad valorem tax are to be funded into bonds to be issued pursuant to this Section, the maximum amount of bonds to be issued, the number of years for which the bonds are to run, and the maximum rate of interest on the bonds. If the city council approves the proposal or proposals, it shall call an election for the purpose of submitting the proposition for the ad valorem tax or for the bonds, or both, to the qualified electors of the city of Minden for their approval or rejection. The election shall be held in accordance with the applicable laws of the state of Louisiana, and such proposition shall require, for approval, the favorable vote of a majority of the qualified electors of the city voting in the election. Any ad valorem taxes levied under authority of this Section shall be in addition to all the taxes the city council now or hereafter may be authorized by law to levy and collect. This tax shall not be levied should the city of Minden fail to appropriate in any year fifteen thousand dollars which is to be expended in the same manner as provided in this Section for tax revenues of the district. All services and programs to be provided to the Downtown Development District from the proceeds of any such tax shall be in addition to the tax services, programs, and projects which would normally be provided to the central business district by the city government either at present or in the future.
G. The city council shall review and consider any plan or plans submitted within thirty days following the submission to it by the commission, and shall adopt or reject such plan by majority vote of its members. If the city council adopts such a plan, it shall become final and conclusive and the ad valorem tax may be levied as provided herein. If the city council rejects the plan, it shall notify the commission of its action, and the commission may again and from time to time prepare and submit to the city council for its review, consideration, adoption, or rejection in accordance with the procedures provided herein, a plan as provided in this Section. Any rejection by the council should consist of specific written analyses and suggestions for improvement of the plan. Further, it shall be required that technical assistance shall be provided by the city council if required by the commission in order that the plans may be improved. Each plan submitted or resubmitted shall set forth the projects recommended, the estimated cost thereof, recommendations for funding, and such other information as required by this Section, or by the commission, or the city council.
H. All bonds or other evidences of indebtedness issued pursuant to this Section shall be issued by the city council by resolution or ordinance and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations, be in such form, carry such registration and exchangeability privileges, be payable at such place or places, be subject to such terms of redemption, be entitled to such priorities on the ad valorem taxes authorized herein to be levied by the city council in the district and contain such other terms, all as provided in the proceedings adopted by the city council authorizing the issuance of the bonds and providing for the security thereof. Such bonds or other evidences of indebtedness may be sold by the city council at public or private sale. The authority of the city council to issue bonds of the city pursuant to this Section shall be in addition to any other authority now or hereafter conferred on the city council to issue bonds or other evidences of indebtedness.
Acts 1990, No. 379, §1; Acts 2015, No. 333, §1.
NOTE: See Acts 2015, No. 333, §2, regarding terms of board members.