Read the full stored bill text
ENROLLED
ACT No. 7892026 Regular Session
HOUSE BILL NO. 213
BY REPRESENTATIVE TERRY LANDRY
1 AN ACT
2 To amend and reenact R.S. 33:2740.8(D), (E)(2) and (5), (F) through (I), and (N), relative
3 to the Downtown Development District of the city of Baton Rouge; to provide
4 relative to the governing board of the district; to provide relative to the membership
5 of the board; to provide relative to the appointment of board members; to provide
6 relative to the terms and compensation of the members; to provide relative to the
7 powers and duties of the district; to provide relative to the powers and duties of the
8 city of Baton Rouge, parish of East Baton Rouge with respect to the district; and to
9 provide for related matters.
10 Notice of intention to introduce this Act has been published
11 as provided by Article III, Section 13 of the Constitution of
12 Louisiana.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 33:2740.8(D), (E)(2) and (5), (F) through (I), and (N) are hereby
15 amended and reenacted to read as follows:
16 §2740.8. The downtown development district of the city of Baton Rouge; creation,
17 composition and powers; preparation of plans, levy of special ad valorem
18 taxes, and issuance of bonds and other instruments of indebtedness
19 * * *
20 D.(1) The board shall be composed of seven members, all of whom shall be
21 qualified voters of the parish of East Baton Rouge, and shall have their principal
22 place of business or profession in, or own property in, the Downtown Development
23 District district. The seven members shall be appointed as follows:
24 (a) One member of the board shall be appointed at-large by the
25 mayor-president, with the approval of the metro council.
Page 1 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 213 ENROLLED
1 (b) One member of the board shall be appointed by the mayor-president,
2 with the approval of the metro council, from a list of four nominees submitted by the
3 Greater Baton Rouge Area Chamber of Commerce governing board of the Greater
4 Baton Rouge Economic Partnership.
5 (c) One member of the board shall be appointed by the mayor-president, with
6 the approval of the metro council, from a list of four nominees submitted by the
7 Riverside Association.
8 (d) Two members of the board shall be appointed by the mayor-president,
9 with the approval of the metro council, from a list of six nominees submitted by
10 property owners and lessees of property located within the jurisdictional boundaries
11 of the district.
12 (e) (c) One member shall be appointed by the mayor-president, with the
13 approval of the metro council, and who shall be a resident of Spanish Town.
14 (f) (d) One member shall be appointed by the mayor-president, with the
15 approval of the metro council, and who shall be a resident of Beauregard Town.
16 (e) Three members shall be appointed by the mayor-president, with the
17 approval of the metro council, who shall be property owners or lessees of property
18 located within the boundaries of the district. At least one member shall be a property
19 owner and at least one member shall be a lessee.
20 (2)(a) The members of the board initially appointed shall have terms of
21 office as follows:
22 (i) Two members for one year each;
23 (ii) Two members for two years each; and
24 (iii) Three members for three years each.
25 (b) The length of the term for each individual appointed shall be determined
26 by lot at the first meeting of the board. The members of the board shall serve three-
27 year terms.
28 (c) (b) The members of the board shall serve until their successors have been
29 appointed and qualified.
Page 2 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 213 ENROLLED
1 (d) (c) The terms of members of the board appointed upon the expiration of
2 the initial terms shall be three years, and upon expiration of a term of office, the
3 successor shall be appointed in accordance with the procedures herein prescribed for
4 the appointment of the original members Members shall not serve more than two
5 consecutive terms; provided however, if a member is appointed to fill an unexpired
6 term, his term shall not be considered in calculating the limitation on consecutive
7 terms of office.
8 (e) (d) Any vacancy which occurs prior to the expiration of the term for
9 which a member of the board has been appointed shall be filled by appointment in
10 the same manner as the original appointment for the unexpired term.
11 E.
12 * * *
13 (2) The minute books and archives of the board shall be maintained by the
14 board's secretary with the help and assistance of and through the office of council
15 administrator. The monies, funds, and accounts of the district in the official custody
16 and control of the board's treasurer shall be deposited, expended, and accounted for,
17 records maintained, and idle funds invested through the department of finance, under
18 the director of finance, and checks issued through the office of the parish treasurer
19 as in the case of city-parish monies under the plan of government. The office of
20 parish attorney shall serve as the board's regular attorney, and the services of the
21 district or of other offices and departments of the city-parish shall be furnished in
22 accordance with Subsection I of this Section.
23 * * *
24 (5) The members of the board shall serve without compensation; however,
25 they shall receive a travel allowance as reimbursement for expenses incurred while
26 attending to the business of the board or the district may receive a travel allowance
27 as reimbursement for expenses incurred while attending a conference, educational
28 event, or meeting on behalf of the district if the conference, event, or meeting is held
29 outside the boundaries of East Baton Rouge Parish and is approved in advance by the
30 board and the executive director of the district.
Page 3 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 213 ENROLLED
1 F.(1) The metro council shall appoint an executive director for the district
2 who has been recommended by the board.
3 (2) The executive director shall appoint an assistant executive director and
4 shall hire or contract other professional, clerical, and support staff as deemed
5 necessary by the board.
6 G. The district, acting through its board, shall have the following powers and
7 duties:
8 (1) To sue and be sued.
9 (2) To adopt and use a seal and authorize the use of a facsimile thereof.
10 (3) To acquire by gift, grant, purchase, or lease movable or immovable
11 property and to dispose of such property.
12 (4) To make and execute contracts and other instruments necessary to the
13 business of the district or convenient to the exercise of its powers.
14 (5) To contract for the services of consultants to perform planning,
15 engineering, financial, legal, or other appropriate services of a professional nature.
16 (6) To receive by gift, grant, loan, or donation any sum of money or
17 property, aid, or assistance from the United States, the state of Louisiana, or any
18 political subdivision thereof, or any person, firm, or corporation and to hold, use, and
19 dispose of such monies or property for any district purposes in accordance with the
20 terms of the agreement of the gift, grant, loan, or donation.
21 (7) To adopt bylaws prescribing the powers, duties, and functions of the
22 officers of the district, the conduct of the business of the district, and the
23 maintenance of records.
24 (8) To maintain an office at such place or places as it may designate within
25 the district.
26 (9) To lease as lessor or lessee to or from any person, firm, corporation,
27 association, or body, public or private any facilities or property of any nature for
28 district purposes.
29 (10) To borrow money and issue bonds, certificates, warrants, notes, or other
30 evidences of indebtedness.
Page 4 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 213 ENROLLED
1 (11) To levy such special assessments as may be authorized and to charge,
2 collect, and enforce fees and other user charges.
3 (12) To cooperate with, or contract with, other governmental agencies as
4 may be necessary, convenient, incidental, or proper in connection with any of the
5 powers, duties, or purposes authorized by this Section.
6 (13) To exercise all of the powers necessary and proper in connection with
7 any of the powers, duties, or purposes authorized by this Section.
8 F.(1) H. The board district shall prepare or cause to be prepared a plan or
9 plans specifying the public improvements, facilities, and services proposed to be
10 furnished, constructed, or acquired for the district and shall conduct such public
11 hearings, publish such notice with respect thereto, and disseminate such information
12 as it, in the exercise of its sound discretion, may deem to be appropriate or advisable
13 and in the public interest.
14 (2) Any plan may specify and encompass any public services, capital
15 improvements, and facilities which the city of Baton Rouge and the parish of East
16 Baton Rouge are authorized to undertake, furnish, or provide under the constitution
17 and laws of the state of Louisiana, and such specified public services, improvements,
18 and facilities shall be special and in addition to all services, improvements, and
19 facilities which the city of Baton Rouge is then furnishing or providing or may then
20 or in the future be obligated to furnish or provide within the district.
21 (3) Any plan shall include:
22 (a) An estimate of the annual and total cost of acquiring, constructing, or
23 providing the services, improvements, or facilities set forth therein.
24 (b) The proportion of the tax to be levied on the taxable real property within
25 the district which is to be set aside and dedicated to paying the cost of furnishing
26 specified services and the proportion of such tax to be set aside and dedicated to
27 paying the cost of capital improvements or paying the cost of debt service on any
28 bonds to be issued to pay the cost of capital improvements, such proportions, in each
29 case, to be expressed in numbers of mills.
Page 5 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 213 ENROLLED
1 (c) An estimate of the total number of mills required to be levied each year
2 on the taxable real property within the district in order to provide the funds required
3 for the implementation of the plan for furnishing the specified services and for
4 capital improvements, debt service, or both.
5 (4) The board shall also submit the plan to the city-parish planning
6 commission. The planning commission shall review the plan and determine whether
7 or not it is consistent with the comprehensive plan for the city of Baton Rouge. The
8 planning commission, within thirty days following receipt of the plan, shall submit
9 to the metro council its written opinion as to whether or not the plan or any portion
10 or detail thereof is inconsistent with the comprehensive plan for the city, together
11 with its written comments and recommendations with respect thereto.
12 (5)(a) After receipt of the plan together with the written comments and
13 recommendations of the city-parish planning commission, the metro council shall
14 review and consider the plan together with the written comments and
15 recommendations. The metro council, by a majority vote of all its members, may
16 adopt or reject the plan as originally submitted by the board or alter or modify the
17 plan or any portion or detail thereof.
18 (b) If the plan as originally submitted by the board is adopted by the majority
19 vote of the metro council, it shall become final and conclusive and may thereafter be
20 implemented. If the metro council alters or modifies the plan by a majority vote of
21 its members, the plan as altered or modified shall be resubmitted to the board for its
22 concurrence or rejection.
23 (c) The board may concur in the modified plan by a majority vote of all of
24 its members. If the board votes to concur in the plan as modified by the metro
25 council, the plan shall become final and conclusive and may thereafter be
26 implemented. If the board does not concur in the plan as modified by the metro
27 council, it shall notify the metro council in writing of its decision.
28 (d) Thereafter and as often as the board may deem to be necessary or
29 advisable, it shall prepare or cause to be prepared a plan or plans and submit the
30 same to the planning commission in accordance with the same procedure
Page 6 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 213 ENROLLED
1 hereinabove prescribed with respect to the original plan. The planning commission
2 shall submit such plan, together with their written comments and recommendations,
3 to the metro council for its adoption, modification, or rejection in the manner and
4 with the same effect as provided with respect to the original plan.
5 G.(1)(a) The provisions of Subsection F of this Section to the contrary
6 notwithstanding, the board may prepare and submit directly to the metro council a
7 plan or plans setting forth its intention to employ professional consultants, experts,
8 and such other advisors and personnel as it shall deem to be necessary or convenient
9 to assist in the preparation of a plan or plans for the orderly and efficient
10 development of services and improvements within the district.
11 (b) The plan shall specify the services proposed to be rendered by such
12 employees, an estimate of the aggregate of the proposed salaries of such employees,
13 and an estimate of the other expenses of the board required for the preparation of
14 such plan or plans, together with a request that a tax in an amount sufficient to cover
15 the costs of such salaries and expenses be levied on the real property within the
16 district.
17 (c) The plan shall include a proposed budget of income and expenditure
18 specified source of funding for each of the years the tax is to run.
19 (2)(a) The metro council shall review and consider such plan within thirty
20 days following submission to it by the board and shall adopt or reject such plan by
21 a majority vote of its members.
22 (b) If the metro council adopts such plan, it shall become final and
23 conclusive, and the tax requested by the board upon approval by special referendum
24 of the electorate of the parish of East Baton Rouge, as required by Subsection J of
25 this Section, shall be levied and collected.
26 (c) If the metro council rejects the plan, it shall notify the board of its action,
27 and the board may again and from time to time prepare and submit to the metro
28 council a plan in accordance with the procedures provided for this in this Subsection.
29 H. If no plan is finally and conclusively adopted in accordance with the
30 procedures prescribed in this Section within four years after the effective date of this
Page 7 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 213 ENROLLED
1 Section, all power and authority conferred hereby shall lapse, the district shall be
2 dissolved, and all power and authority incident thereto shall become null and void
3 as a matter of law; however, in such event, all obligations contractual or otherwise,
4 incurred by the district during its existence, shall survive and shall be fully
5 enforceable in accordance with their terms.
6 I.(1) All services to be furnished within the district pursuant to any plan
7 finally and conclusively adopted hereunder shall pursuant to this Section may be
8 furnished, supplied, and administered by the district or may be furnished, supplied,
9 and administered by the city-parish through its regularly constituted departments,
10 agencies, boards, commissions, and instrumentalities. All capital improvements and
11 facilities to be acquired, constructed, or provided within the district, whether from
12 the proceeds of bonds or otherwise, shall may likewise be so acquired, constructed,
13 or provided by the city-parish through its regularly constituted departments,
14 agencies, boards, commissions, and instrumentalities, it being the intention hereof
15 to avoid the duplication of administrative and management efforts and expense in the
16 implementation of any plan adopted for the benefit of the district.
17 (2) In order to provide such services and/or or provide, construct, or acquire
18 such capital improvements or facilities, the board district may enter into
19 inter-governmental local service contracts with the city-parish.
20 (3) The cost of any such services, capital improvements, or facilities shall
21 be paid for by the district from the proceeds of the special tax levied upon real
22 property within the district as herein provided in this Section or, from the proceeds
23 of bonds, or from the city-parish.
24 * * *
25 N. The district shall have the power to pay the city of Baton Rouge and the
26 parish of East Baton Rouge funds for services rendered by the city-parish under a
27 local services contract between the district and the city-parish may contract with the
28 city-parish for services rendered on behalf of the district.
29 Section 2. The members of the board of commissioners of the Downtown
30 Development District of the city of Baton Rouge serving on the effective date of this Act
Page 8 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 213 ENROLLED
1 shall continue to serve until the expiration of their current terms. The successors of such
2 members shall serve three-year terms.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 9 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.