RS 9038.73 - Bastrop Economic Development District
A. The Bastrop Economic Development District, a special district and political subdivision of the state, hereafter in this Section referred to as the "district", is hereby created in the city of Bastrop.
B. The district is comprised of a tract of land situated in Sections 24 & 25, T 21 N - R 5 E, Bastrop, Morehouse Parish, Louisiana, further described as follows:
BEGINNING at the southwest corner of the Northwest One Quarter of the Southeast One Quarter of Section 24, T 21 N - R 5 E, Morehouse Parish Louisiana thence run North 00024157" West along the west line of said Northwest One Quarter of the Southeast One Quarter for 563.80 feet to an iron pipe the projection of the east right of way line of the Arkansas, Louisiana & Missouri Railroad; thence run North 32°00'38" East along said projection and right of way for 1095.72 feet to point in the west right of way line of East Carter Avenue; thence run South 00009'45" West along said right of way line for 172.99 feet to a point in the south line of the Southwest One Quarter of the Northeast One Quarter; thence run North 89°50'15" West along said south line for 7.94 feet to a point; thence run South 00°09 45" West for 60.02 feet to a point; thence run South 89°50'15" East for 34.34 feet to a point; thence run South 00°39'07" East for 678.28 feet to a cap; thence run South 89°43'41" East for 448.80 feet to an iron pipe in the east line of the Northwest One Quarter of the Southeast One Quarter; thence run South 00°45 06" East along said east line for 245.90 feet to an iron pipe at the northwest corner of Lot 12 of Summerlin Place as per Official Plat Book 2, Page 21; thence run South 89°44'52" East along the north line of said Lot 12 for 118.81 feet to an iron pipe at the northeast corner thereof; thence run South 00048'48" East along the east line of said Lot 12 for 304.03 feet to a rebar at the southeast corner thereof and being in the north right of way line of Summerlin Lane; thence run North 89°50'25" West along said right of way line and south line of said Lot 12 for 118.96 feet to a point at the southwest corner of said Lot 12; thence run North 00°47 03" West along the west line of said Lot 12 for 27.14 feet to a point; thence run South 89°41'28" West for 115.95 feet to a point; thence run South 00045'52" East for 57.61 feet to a point; thence run South 89°50'25" East for 78.89 feet to a point in the west line of Orval Avenue; thence run South 00°43 41" East along said right of way line for 147.67 feet to a point; thence run South 89°44'16" West for 78.79 feet to a point; thence run South 00045 52" East for 98.34 feet to an iron pipe; thence run North 89°44'16" East for 78.73 feet to an iron pipe in the west right of way line of said Orval Avenue; thence run South 00043'41" East along said right of way line for 49.17 feet to an iron pipe; thence run South 89°44'16" West for 78.70 feet to a cap; thence run North 89°53'40" West for 39.07 feet to a point; thence run North 00°35'20" West for 110.21 feet to an iron pipe; thence run North 89°53'37" West for 147.77 feet to a monument; thence run South 00°36'28" East for 141.04 feet to a point in the projection of the south line of Orval Avenue; thence run South 89°57'07" East along said projection for 30.01 feet to a point; thence run North 89°55'34" East along said projection and the north line of Lot 2 of Block 2 of Fairview Addition to Bastrop as per Official Plat Book 1, Page 21 of the records of Morehouse Parish, Louisiana for 177.08 feet to a monument at the northeast corner of said Lot 2; thence run South 00°42 38" East along the east line of Lots 2, 3 & 6 of Block 2 of said Fairview Addition for 179.77 feet to a point at the southeast corner of said Lot 6; thence run North 89°55'34" East along the north line of Lot 8 of said Block 2 for 177.02 feet to an iron pipe; thence run South 00°41'16" East along the east line of Lots 8 & 9 of said Block 2 for 156.59 feet to an iron pipe; thence run South 00049122" East for 59.66 feet to a point at the northeast corner of Block 7 of said Fairview Addition; thence run South 00°49'22" East along the east line of said Block 7 and the projection thereof for 220.42 feet to an iron pipe; thence run South 89°53'29" West for 132.65 feet to an iron pipe in the projection of the east line of Lot 2 of Block 8 of said Fairview Addition; thence run South 00°58 16" East along said east line and the projection thereof for 90.39 feet to an iron pipe at the southeast corner of said Lot 2; thence run North 89041343" East along the north line of Lot 4 of said Block 8 for 132.19 feet to a rebar at the northeast corner of said Lot 4 being in the west right of way line of Fox Street; thence run South 00°36'46" East along said west right of way line being the east line of Lots 4, 5, 8 & 9 of said Block 8 and Lots 1, 4 & 5 of Block 15 of said Fairview Addition for 475.25 feet to a point at the southeast corner of said Lot 5; thence run South 45°32'41" West for 79.61 feet to a point at the northeast corner of Block 1 of the Fox Addition as per Official Plat Book 1, Page 14; thence run South 00°07'46" East along the east line of said Block 1 for 400.22 feet to a point in the north right of way line of Charles Avenue; thence run South 89°43'40" West along said right of way line and south line of Lots 15 & 16 of said Block 1 for 211.13 feet to a point at the southwest corner of Lot 15; thence run South 00°0836" East along the projection of the west line of said Block 1 for 42.31 feet to a point in the south right of way line of Charles Avenue also being north line of Lot 6 of Block 6 of the Spear Property as per Conveyance Book 61, Page 88 ½; thence run North 89°33 28" East along said right of way line and north line of Lots 6 & 7of said Block 6 of the Spear Property for 123.08 feet to a point; thence run South 00021125" East for 149.85 feet to an iron pipe; thence run North 89°34'15" East for 100.09 feet to an iron pipe; thence run South 00°15'47" East for 149.82 feet to an iron pipe in the south line of Lot 8 also being the north right of way line of John Avenue; thence run South 89°34'17" West along said lot line and right of way line for 99.85 feet to a point; thence run South 00°21125" East for 50.08 feet to a point in the south right of way line of said John Avenue also being in the north line of Lot 4 of said Spear Property; thence run North 89°36'10" East along the north line of Lots 4, 3 & 2 for 199.34 feet to a monument; thence run South 00°2758" East for 276.76 feet to an aluminum monument in the north right of way line of Colliers Lane and the south line of Lot 2; thence run South 89°34'35" West along said right of way line and south line of Lots 2 & 3 for 150.00 feet to a point at the southwest corner of Lot 3; thence run South 63°55'38" West along said right of way line and south line of Lots 4 and 1 and the projection thereof for 213.53 feet to a point; thence run South 64°03'51" West along said right of way line for 443.05 feet to a point; thence run South 89°20'52" West along said right of way line for 502.35 feet to a an iron pipe in the western right of way line of Center Street; thence run South 00036 17" East along the west right of way line of Center Street and the east line of Lot 8 of Shockney's Addition as per Notarial Book 42, Page 801 of the records of Morehouse Parish, Louisiana for 194.91 feet to a point at the southeast corner of said Lot 8; thence run South 89°0T53" West along the south line of Lots 8, 9 & 10 of said Shockney's Addition and the projection thereof for 195.00 feet to a point; thence run South 00°27 52" East for 144.14 feet to an iron pipe in the north right of way line of East Cypress Avenue; thence run South 89°36 55" West along said right of way line for 189.68 feet to point in the east right of way line of the Missouri Pacific Railroad; thence run North 00059 51" West along said right of way line for 913.46 feet to an iron pipe; thence run North 89°00'13" East along said right of way line for 25.00 feet to an iron pipe; thence run North 00°59'52" West along said right of way line for 164.36 feet to the P.C. of a curve to the left; thence run in a northwesterly direction along said right of way and curve having a Radius of 3066.08 feet, the Chord being North 06°07'05" West 547.18 feet for 547.91 feet to the P.T. of said curve; thence run North 11°14'11" West along said right of way line for 326.95 feet to a point; thence run EAST 296.59 feet to a point; thence run North 34°23'01" East for 316.28 feet to a an iron pipe; thence run North 22°19'18" East for 107.05 feet to a point; thence run North 09°20'14" East for 115.80 feet to a point; thence run North 00°52'53" West for 654.36 feet to a point; thence run North 00°08'12" West for 66.79 feet to a point; thence run South 89°48'05" West for 10.28 feet to a set 1" iron pipe in the west line of the Southwest One Quarter of the Southeast One Quarter of Section 24; thence run North 00°24'57" West along said west line for 132.00 feet to a point and The Point Of Beginning.
C. The district is created to provide for cooperative economic development between the district, the city of Bastrop, Morehouse Parish, the state, and the owner or owners of property within the district in order to provide for costs related to infrastructure and other economic development initiatives within the district as determined by the governing authority of the district.
D. The district shall be governed by the governing authority of Bastrop.
E. Except for the authority to levy ad valorem property taxes, the district, acting by and through its governing authority, may exercise all powers of a political subdivision and a special district necessary or convenient for carrying out its objects and purposes including but not limited to the following:
(1) To sue and to be sued.
(2) To adopt bylaws and rules and regulations.
(3) To receive by gift, grant, or donation any sum of money, property, aid or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.
(4) To enter contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual.
(5) To appoint officers, agents, and employees, prescribe their duties, and fix their compensation.
(6) To acquire by gift, grant, purchase, or lease property as necessary or desirable for carrying out its objectives and purposes and to mortgage and sell property.
(7) In its own name and on its own behalf, to incur debt and to issue bonds, notes, certificates, and other evidences of indebtedness. For this purpose the district is deemed and shall be considered an issuer for purposes of R.S. 33:9037 and is, to the extent not in conflict with this Section, subject to the provisions of R.S. 33:9037.
(8) To establish funds or accounts as necessary for the conduct of its affairs.
(9) To do all things reasonably necessary to accomplish the purposes of this Section.
(10) To designate by ordinance any territory within the district as a subdistrict in which shall be exercised, to the exclusion of the remainder of the district, any authority provided to the district by Subsection F of this Section or any other provision of this Section or other law.
F.(1) To provide for the costs of a project to fund infrastructure within the district, the district shall have such tax increment finance authority, taxing authority, as provided in this Paragraph, and other authority that is provided to local governmental subdivisions in Part II of this Chapter, including but not limited to the following: ad valorem tax increment financing and bonding in R.S. 33:9038.33; sales tax increment financing and bonding in R.S. 33:9038.34; cooperative endeavor authority in R.S. 33:9038.35; bond authority in R.S. 33:9038.38; and sales tax and hotel occupancy tax authority in R.S. 33:9038.39. A project to fund infrastructure within the district is hereby deemed to be an economic development project as provided for in Part II of this Chapter. An agreement entered by the district and any affected tax recipient entity authorizing the use and dedication of the affected tax recipient entity's incremental increase in taxes may include additional public or private entities as parties to such agreement and may include such terms, conditions, and other provisions to which all parties to such agreement consent.
(2) Notwithstanding any provision of Part II of this Chapter or any other law to the contrary, any powers, authorities, or duties granted under such laws may be restricted to a subdistrict, the territory of which shall be established by ordinance of the governing authority of the district.
G. The district may pledge any taxes collected under the authority of this Section to any economic development project in furtherance of the purposes of the district.
H.(1) The district may construct and acquire facilities, including the acquisition of sites and other necessary property or appurtenances thereto within the district, or outside the district if the project is undertaken conjointly with other local units of government, under the authority of the Local Services Law, R.S. 33:1321 et seq. or other authorizing authority and may acquire, construct, improve, operate, maintain, and provide improvements and services necessary therefor, including but not limited to roads, street lighting, bridges, rail facilities, drainage, sewage disposal facilities, solid waste disposal facilities, waterworks, and other utilities and related properties.
(2) The district shall also have the authority to sell, lease, or otherwise dispose of, by suitable and appropriate contract, to any enterprise located or existing within the district all or any part of a site, building, or other property owned by the district. In determining the consideration for any contract to lease, sell, or otherwise dispose of lands, buildings, or other property of the district, the governing authority may take into consideration the value of the lands, buildings, or other properties involved as well as the potential value of the economic impact of the enterprise being induced to locate or expand within the district. Such economic impact shall include increased employment, increased use of local labor, wages and salaries to be paid, consumption of local materials, products, and resources, and special tax revenues to be generated by the enterprise acquiring or leasing lands, buildings, or other property from the district. The district may enter into leases.
(3) The resolution or ordinance adopted by the governing authority authorizing any lease, sale, or other disposition of lands, buildings, or other property of the district or any attachment thereto shall set forth, in a general way, the terms of the authorized lease, sale, or other disposition, and such resolution or ordinance shall be published as soon as possible in one issue of the official journal of the district. For a period of thirty days from the date of publication of any such resolution or ordinance, any interested person may contest the legality of such resolution or ordinance or the validity of the authorized lease, sale, or other disposition of district property, after which time no one shall have any cause of action to contest the legality of the resolution or ordinance or to draw into question the legality of the authorized lease, sale, or other disposition of district property for any cause whatsoever, and it shall be conclusively presumed thereafter that every legal requirement has been complied with and no court shall have authority to inquire into such matters after the lapse of thirty days.
I.(1) The district may levy and cause to be collected a sales and use tax within the boundaries of the district for purposes and at a rate provided by the proposition authorizing its levy, which tax may exceed the limitation set forth in Article VI, Section 29(A) of the Constitution of Louisiana, if the proposition is approved by a majority of the qualified electors of the district voting in the election held for such purpose.
(2) An election shall be conducted in accordance with the provisions of the Louisiana Election Code and at the time another election is being conducted throughout the state.
(3) The tax shall be levied upon the sale at retail, the use, the lease or rental, consumption, the distribution, and storage for use or consumption of tangible personal property, and upon the sales of services within the district, all as presently defined in R.S. 47:301 et seq.
(4) 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 by this Subsection shall be fixed in the resolution imposing the tax.
J.(1) The district may incur debt for any one or more of its lawful purposes set forth in this Section, to issue in its name negotiable bonds, notes, certificates of indebtedness, or other evidences of debt, and to provide for the security and payment thereof. The district may in its own name and on its own behalf 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, Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, when approved by a majority of the qualified voters of the district who vote in a special election called and conducted under the authority of the Louisiana Election Code. General obligation bonds of the district may be issued for any of the purposes for which the district is created or is authorized to act under any provisions of this Section, all of which purposes are hereby found and declared to be public purposes and functions of the state of Louisiana, which are delegated to the district.
(2) The district may in its own name and on its own behalf issue revenue bonds for the purposes for which the district is created or is authorized to act under any of the provisions of this Section, including industrial and commercial development revenue bonds. The bonds shall be issued in the manner as provided for in R.S. 39:991 through 1001 and 1011 through 1024.
(3) The district may in its own name and on its own behalf borrow from time to time in the form of certificates of indebtedness. The certificates shall be secured by the dedication and pledge of monies of the district derived from any lawful sources, including fees, lease rentals, service charges, local service agreement payments from one or more other contracting parties, any combination of such sources of income, provided that the term of such certificates shall not exceed ten years and the annual debt service on the amount borrowed shall not exceed the anticipated revenues to be dedicated and pledged to the payment of the certificates of indebtedness, as shall be estimated by the governing authority of the district at the time of the adoption of the resolution authorizing the issuance of such certificates. The estimate of the governing authority referred to in the authorizing resolution shall be conclusive for all purposes of this Section.
(4) The governing authority of the district may adopt resolutions or ordinances as necessary for ordering, holding, canvassing, and promulgating the returns of any election required for the issuance of general obligation bonds, or limited tax secured obligations, which resolutions or ordinances may include covenants for the security and payment of any bonds or other evidence of debt so issued.
(5) For a period of thirty days from the date of publication of any resolution or ordinance authorizing the issuance of any bonds, certificates of indebtedness, notes, or other evidence of debt of the district, any interested person may contest the legality of such resolution or ordinance and the validity of such bonds, certificates of indebtedness, notes, or other evidence of debt issued or proposed to be issued thereunder and the security of their payment, after which time no one shall have any cause of action to contest the legality of the resolution or ordinance or to draw in question the legality of the bonds, certificates of indebtedness, notes, or other evidence of debt, the security therefor, or the debts represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of thirty days.
(6) The issuance and sale of such bonds, certificates of indebtedness, notes, or other evidence of debt by the district is subject to approval by the State Bond Commission.
(7) Such bonds, certificates of indebtedness, notes, or other evidence of debt have all the qualities of negotiable instruments under the commercial laws of the state of Louisiana.
Acts 2020, No. 261, §1.