RS 2740.50 - Pineville Downtown Development District
A. Intent. The legislature hereby finds and declares that it is necessary for the public health, safety, and welfare of the city of Pineville that the property value deterioration in the downtown area be halted and that the causes of such deterioration be halted.
B. Creation. (1) The Pineville Downtown Development District, referred to in this Section as the "district", is hereby created for the primary purpose of redevelopment of the central business district. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.
(2) The district shall be comprised of a certain piece, parcel, or lot of ground being, lying, and situated in Sections 2, 10, 11, 16, 17, 18, 19, 20, and 21, Township 4 North, Range 1 West of the Louisiana Meridian, District North of Red River, City of Pineville, Rapides Parish, Louisiana; being more particularly described as follows, to wit:
Commencing at a point located at the intersection of the centerline of Red River with the western right-of-way line of Union Pacific Railroad (abandoned), said point being located in Section 10, Township 4 North, Range 1 West, District North of Red River, Rapides Parish, Louisiana, and also being the point of beginning of the tract to be described;
Thence proceed in a northeasterly direction, along the western right-of-way line of said Union Pacific Railroad, a distance of approximately 7,000.00 feet to a point being South 90 degrees 00 minutes 00 seconds West from the frog of the Union Pacific Railroad and the Kansas City Southern Railroad/Louisiana and Arkansas Railroad intersection, said frog being located in Section 2, Township 4 North, Range 1 West, District North of Red River, Rapides Parish, Louisiana.
Thence turn right and proceed North 90 degrees 00 minutes 00 seconds East, a distance of approximately 100.00 feet to a point located on the eastern right-of-way line of the Kansas City Southern Railroad/Louisiana and Arkansas Railroad.
Thence turn right and proceed in a southeasterly direction, along the eastern right-of-way line of the Kansas City Southern/Louisiana and Arkansas Railroad, a distance of approximately 12,000.00 feet to a point located near the Pineville Expressway;
Thence turn right and proceed in a southwesterly direction, along the center line of Highway 167 (Pineville Expressway), a distance of approximately 5,000.00 feet to a point located in the centerline of Red River, said point being located in Section 21, Township 4 North, Range 1 West, District North of Red River, Rapides Parish, Louisiana.
Thence turn right and proceed in a northwesterly direction, along the centerline of the Red River, a distance of approximately 11,000.00 feet to the point of beginning.
C. Governance. (1) The district shall be governed by a board of seven commissioners, referred to in this Section as the "board", appointed as follows:
(a) The governing authority of the city of Pineville shall appoint three members.
(b) The governing authority of the parish of Rapides shall appoint one member.
(c) The Central Louisiana Economic Development Alliance shall appoint one member.
(d) The governing board of the Central Louisiana Chamber of Commerce shall appoint one member.
(e) The North Rapides Business and Industry Alliance shall appoint one member.
(2) The appointments made pursuant to Subparagraphs (1)(b) through (e) of this Subsection shall be subject to confirmation by the governing authority of the city of Pineville.
(3) If any appointing authority fails to make an appointment within thirty days after notification by the board of a vacancy, the governing authority of the city of Pineville may appoint a member of its own choosing. Each member of the board shall be a registered voter of Rapides Parish. The appointing authority may remove any member for cause.
(4) Terms of members shall be four years, except for initial terms which shall be as follows: one shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years as determined by lot at the first meeting of the board. 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.
(5) The board shall elect a chairman, a vice chairman, and a secretary-treasurer from among its members. Officers shall serve one-year terms but shall be eligible for reelection. 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.
(6) The board may employ or contract with an executive director and set his compensation and terms of employment. Notwithstanding any other provision of law to the contrary, the board may establish the term of such contract. The board also may employ such other employees as are necessary to carry out the functions of the district as authorized by the board.
D. Redevelopment activities. (1) In order to effectuate the purposes of this Section, the board shall have the specific authority provided in R.S. 33:4625(F), except the power of expropriation; such authority shall be exercised solely within the district.
(2) The board shall formulate a redevelopment plan or plans for the district and shall submit any such plan to the governing authority of Pineville 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 Pineville and other public or private agencies concerned with matters affecting or affected by the program.
(3) After adoption of the development program, the board may implement any portion thereof in such manner as shall, in its judgment, most likely accomplish said program. To that end, 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.
E. Powers and duties. (1) The district, through the board, shall have all powers necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter, including but not limited to the following:
(a) To sue and be sued and as such to stand in judgment.
(b) To adopt, use, and alter at will a corporate seal.
(c) To acquire by gift, grant, purchase, or lease and to hold and use any property, immovable, movable, mixed, corporeal, or incorporeal, or any interest therein, necessary or desirable for carrying out the objects and purposes of the district, and to engage in any action, such as the purchase of insurance, necessary or desirable for the maintenance or improvement of such property.
(d)(i) 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, including immovable property, which is, in the opinion of the board, appropriate to accomplish the objectives and purposes of the district.
(ii) Prior to any sale, lease, conveyance, disposition, or transfer of property pursuant to this Paragraph, the district shall fix the price and terms of the sale, lease, exchange, or other contract to be made with reference to the property. Such sale, lease, conveyance, disposition, or transfer shall comply with the terms and provisions of this Section.
(iii) Any sale of industrial land, as defined by Chapter 8 of Title 51 of the Louisiana Revised Statutes of 1950 and the statutes referenced therein, shall be in accordance with laws providing for the disposition or transfer of such land.
(iv) Other than the requirements of this Section, no other law limiting or regulating the form or manner of the sale, lease, conveyance, disposition, or transfer of property by public bodies, including without limitation R.S. 41:1338, shall apply to the sale, lease, conveyance, disposition, or transfer of property by the district. All such sales, leases, conveyance, dispositions, or transfers of property remain subject to the limitations imposed by the Constitution of Louisiana.
(e) To convey to the United States, the state, or to any political subdivision of the state any land, property, right-of-way, easement, servitude, or other thing of value, which the district may own or acquire, for use by such governmental entity to accomplish the objectives and purposes of the district, pursuant to the terms of any appropriate cooperative endeavor agreement.
(f) 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 when such facilities are offered for use by the public or by a private industrial, commercial, research, or other economic development entity or activity.
(g) To enter into contracts and agreements with public bodies or public or private entities to achieve the district's objectives and purposes, including but not limited to contracts for professional, legal, and other services and for the purchase, lease, acquisition, sale, construction, operation, maintenance, marketing, and improvement of land, public works, and facilities, as the board may deem necessary or convenient to accomplish the objectives and purposes of the district.
(h) To plan, develop, regulate, operate, and maintain activities and planned land uses to foster creation of new jobs, economic development, industry, health care, general public and social welfare, commerce, manufacturing, tourism, relocation of people and businesses to the area, shipbuilding, aviation, military, warehousing, transportation, offices, recreation, housing development, and conservation.
(i) To acquire land and improvements to construct, operate, and maintain facilities, improvements, and infrastructure, including buildings, roads, bridges, drainage, and utilities, and to perform other functions and activities on property owned or leased by the district to accomplish the objectives and purposes of the district. However, the district is prohibited from constructing, operating, or maintaining any water, electric, or gas utility facilities which duplicate, curtail, impair, or directly compete with a regulated water, electric, or gas utility facility operating in or adjacent to the property owned or leased by the district.
(j) To require and issue licenses.
(k) To develop, activate, construct, exchange, acquire, improve, repair, operate, maintain, lease, mortgage, sell, and grant a security device affecting the movable and immovable property, servitudes, facilities, and works within the jurisdiction of the district under such terms and conditions as the board may deem necessary or appropriate for any public purpose, including industrial, residential, subdivision, and commercial development.
(l) To borrow money and to pledge or grant a security device affecting all or part of its revenues, leases, rents, and other advantages as security for such loans.
(m) To appoint officers, agents, and employees, prescribe their duties, and fix their compensation.
(n) To undertake and carry out redevelopment projects and related activities.
(o) To apply for and accept advances, leases, grants, contributions, and any other form of financial assistance from the United States, the state of Louisiana, political subdivisions of the state, or other public bodies, or from any sources, public or private, for the purposes of this Section, and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the federal government such conditions imposed pursuant to federal laws as the board may deem reasonable and appropriate and which are not inconsistent with the purposes of this Section.
(2) The district shall not be deemed to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana.
F. Revenues. (1) The district, through the board, may levy and collect ad valorem taxes on all taxable immovable property situated within the boundaries of the district, if the amount, term, and purpose of such taxes, as set out in propositions submitted to a vote in accordance with the Louisiana Election Code, is approved by a majority of the qualified electors residing in the district voting in an election held for that purpose.
(2)(a) The district, through the board, may also levy and collect sales and use taxes within the boundaries of the district for such purposes and at such rate as provided by the propositions authorizing their levy, not to exceed in aggregate one percent, which taxes may not exceed the limitation set forth in the Constitution of Louisiana, if the proposition submitted to a vote in accordance with the Louisiana Election Code is approved by a majority of the qualified electors residing in the district voting in an election held for that purpose.
(b) The tax shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the distribution, and storage for use or consumption of tangible personal property, and upon the sales of services within the boundaries of the district, all as defined in R.S. 47:301 et seq.
(c) Except where inapplicable, the procedure established by R.S. 47:301 et seq. shall be followed in the imposition, collection, and enforcement of the tax, and procedural details necessary to supplement those Sections and to make them applicable to the tax authorized in this Paragraph shall be fixed in the resolution imposing the tax.
(d) The tax shall be imposed and collected uniformly throughout the jurisdiction of the district.
(e) Any tax levied under this Paragraph shall be in addition to all other taxes which the city of Pineville or any other political subdivision within the parish of Rapides is now or hereafter authorized to levy and collect.
G. Bonds. (1) The district may incur debt and issue general obligation bonds under the authority of and subject to the provisions of Article VI, Section 33 of the Constitution of Louisiana, and Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, for the acquisition and operation of district property or to carry out the other public purposes of this Section, and to issue any other bonds permitted by law, borrow money, and issue certificates of indebtedness, notes, and other debt obligations as evidence thereof and provide for the manner and method of repayment in accordance with law.
(2) The district may issue revenue bonds to finance the undertaking of a redevelopment project under this Section, or otherwise to acquire, purchase, lease, construct, or improve residential, commercial, research, industrial, or other plant sites and buildings, or other capital improvements, including energy and pollution abatement and control facilities and necessary property and appurtenances thereto; and may sell, lease, sublease, or otherwise dispose of by suitable and appropriate contract to any enterprise locating or existing within the jurisdiction of the district such sites, buildings, or facilities and appurtenances thereto, all or severally. The funds derived from the sale of such bonds may be disbursed in whole or in part upon delivery of the bonds as shall be provided in the contract between the district and the residential, commercial, research, industrial, or other enterprise to be aided, encouraged, or benefited subject to the requirements of this Section.
(3) The issuing authority may enter into, amend, or terminate, as it determines to be necessary or appropriate, any ancillary contracts (a) to facilitate the issuance, sale, resale, purchase, repurchase, or payments of bonds, including without limitation bond insurance, letters of credit, and liquidity facilities, or (b) to attempt to hedge risk or achieve a desirable effective interest rate or cash flow, all subject to the approval of the State Bond Commission.
(4) Bonds issued under Paragraph (2) of this Subsection shall be authorized by resolution of the board and shall be limited obligations of the issuing authority; the principal and interest, costs of issuance, and other costs incidental thereto shall be payable solely from the income and revenue derived from the sale, lease, or other disposition of the project or facility to be financed by the bonds issued under this Subsection, or from the income and revenue derived from the sale, lease, or other disposition of any existing project or facility acquired, constructed, and improved under the provision of this Subsection, or from any source available for such purpose. However, in the discretion of the issuing authority, the bonds may be additionally secured by mortgage or other security device covering all or part of the project from which the revenues so pledged may be derived. Any refunding bonds issued pursuant to this Subsection shall be payable from any source described above or from the investment of any of the proceeds of the refunding bonds authorized under this Subsection and shall not constitute an indebtedness or pledge of the general credit of the district within the meaning of any constitutional or statutory limitation of indebtedness and shall contain a recital to that effect. Bonds of the district issued under this Subsection shall be issued in such form, shall be in such denominations, shall bear interest, shall mature in such manner, and be executed by one or more members of the board as provided in the resolution authorizing the issuance thereof. Such bonds may be subject to redemption at the option of and in the manner determined by the board in the resolution authorizing the issuance thereof.
(5) No bonds or other evidences of indebtedness may be issued under this Subsection without the prior approval of the State Bond Commission of the terms and provisions thereof.
(6) Bonds issued under this Subsection shall be issued, sold, and delivered in accordance with the terms and provisions of a resolution adopted by the board. The board may sell such bonds in such manner, either at public or at private sale, and for such price as it may determine to be in the best interests of the district, subject to the approval of the State Bond Commission. The resolution issuing bonds shall be published in a newspaper of general circulation within the jurisdiction of the district, and for a period of thirty days after the publication, any interested citizen may bring an action to contest the bonds and the security therefor, as provided in the Constitution of Louisiana. If, after the expiration of thirty days, no suit has been filed, the issuance, sale, and security of the bonds shall be incontestable, and no court shall have authority to entertain any action questioning or contesting such matters.
(7) Bonds issued by the district under this Section are deemed to be securities of public entities within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised Statutes of 1950, and shall be subject to defeasance in accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, shall be subject to the refunding provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued as short-term revenue notes of a public entity under Chapter 15-A of Title 39 of the Louisiana Revised Statutes of 1950.
(8) No bonds, other debt obligations, or contracts of the district shall be a charge upon the income, property, or revenue of the parish of Rapides or the city of Pineville, as appropriate, nor shall any obligations of the district be the obligations of the parish or city.
(9) Any bonds issued by the district shall be subject to the provisions of Part XVI of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 1950, pursuant to which the issuance of the bonds may be submitted to the courts for validation.
H. Budget. (1) The board shall adopt an annual budget in accordance with the Local Government Budget Act, R.S. 39:1301 et seq.
(2) The financial records of the district shall be audited pursuant to the provisions of R.S. 24:513.
I. Governmental functions. The exercise by the board of the powers conferred by this Section shall be deemed and held to be essential governmental functions of the state. As the exercise of the powers granted hereby will be in all respects for the benefit of the people of the state, for the increase of commerce and prosperity, and for the improvement of their health and living conditions, the district shall not be required to pay any taxes including but not limited to sales and use taxes, ad valorem taxes, income, or any other taxes of any kind or nature, or assessments upon any property acquired or leased by the district pursuant to the provisions of this Section, or upon the income therefrom, and any bonds issued pursuant to this Section and the income therefrom shall be exempt from taxation by the state and by any parish, municipality, or other political subdivision of the state.
Acts 1999, No. 1191, §1; Acts 2015, No. 352, §1.
NOTE: See Acts 2015, No. 352, §2, regarding terms of board members.