2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:2740.38. Shreveport; downtown development district

RS 33:2740.38 - Shreveport; downtown development district
A. The legislature hereby finds and declares that it is necessary for the public health, safety, and welfare of the city of Shreveport that the property value deterioration, in the principal area or areas of the city of Shreveport zoned for business and known generally as the central business district be halted, since the said central business district is the center of commercial, civic, and cultural activities of the metropolitan area.
B.(1)(a) A special taxing district created by Act No. 573 of the 1975 Regular Session and any amendment thereto within the city of Shreveport was and shall continue to be recognized as a downtown development district and is composed of that area of the city of Shreveport described as follows:
Beginning at intersection of the eastern city limit line of the city of Shreveport and the northwesterly right-of-way line of Interstate 20, proceed southeasterly along said city limit line, between the banks of the Red River, to the extension of the southern boundary line of that certain property bearing geography number 171305001001600; then follow the southeastern and southwestern boundary of said property to the southern right-of-way line of Stoner Avenue extended; then proceed westerly, following said southern right-of-way line to the western right-of-way line of Louisiana Highway 1; then proceed north and northwesterly to the southeast right-of-way line of Sixth Street; then proceed westerly to the western right-of-way line of Marshall Street; then proceed northwesterly to the southern right-of-way line of Davis Street; then proceed westerly along Davis Street and an extension of its southern right-of-way line to the western right-of-way line of Louisiana Avenue; then proceed northerly to the southern right-of-way line of Interstate 20; then proceed southwesterly, past the northeast bound exit interchange of Interstate 49; from the intersection of Interstate 20 and the northbound exit of interchange of Interstate 49, proceed due north, crossing Murphy Street, to the southeast corner of that certain property bearing geography number 181436037003100 and follow said property's eastern boundary line to the southeast corner of that certain property bearing geography number 181436005100; then continue northerly along the eastern boundary of that certain property bearing geography number 181436035002700 to the southwest corner of that certain property bearing geography number 181436033004900; then proceed northerly along the western boundaries of those certain properties bearing geography numbers 181436020001700; 181436019002900; and 181436017001300 to the northeast corner of the intersection of Ford Street/Caddo Street and Pete Harris Drive/North Western Avenue; then proceed along the eastern right-of-way line of North Western Avenue to the southeast corner of the intersection of North Western Avenue and Patzman Street; then proceed easterly along the northern boundaries of those properties bearing geography numbers 181437002006500; 18143700200600; 181437002006700; and 181437001003700 to the northeast corner of that certain property bearing geography number 181437001003700 at its intersection with the western right-of-way line of Common Street; then proceed northwesterly along said right-of-way line of Common Street; then proceed northwesterly along said right-of- way line of the point of intersection with the center line of Cross Bayou; then proceed easterly and southeasterly along center line of Cross Bayou to an intersection with the easterly city limit line of the city of Shreveport, between the banks of the Red River, thence southeasterly along said city limit line to point of beginning.
(b) Notwithstanding any other provision of law to the contrary, if the boundaries of the district are expanded to include territory not originally included within the district boundaries, the city council shall call an election for the purpose of submitting any existing ad valorem tax or bonds, or both, to the qualified electors residing in the expanded territory for their approval or rejection; however, if there are no qualified electors residing in the expanded territory as certified by the registrar of voters, no such election shall be required. No tax shall be levied in the expanded territory and no bonds secured by a tax levied in the expanded territory shall be issued unless the question of levying such tax or issuing such bonds is approved by the favorable vote of a majority of the electors voting in the election.
(2) The said special taxing district is known as and shall continue to be hereby designated as the Shreveport Downtown Development District.
C.(1) The Shreveport Downtown Development District, hereinafter referred to as the "district," shall be governed by the Shreveport Downtown Development Authority hereinafter referred to as the "authority", originally established by Ordinance No. 47 of 1975 of the city council of the city of Shreveport. The members of the Shreveport Downtown Development Authority shall be composed of two nonvoting members: the mayor of the city of Shreveport and the executive director of the Shreveport Downtown Development Authority and seven voting members who shall be appointed by the mayor of the city of Shreveport (the "mayor"), subject to confirmation by the city council as follows:
(a) One member from a list of three nominees submitted to the mayor by Downtown Shreveport Unlimited.
(b) One member from a list of three nominees submitted to the mayor by the Shreveport Bossier African American Chamber of Commerce or its successor.
(c) One member from a list of three nominees submitted to the mayor by the Greater Shreveport Chamber of Commerce.
(d) One member from a list of three nominees submitted to the mayor by the Downtown Shreveport Development Corporation.
(e) One member from a list of three nominees submitted to the mayor by the state senators whose senatorial districts are defined by R.S. 24:35.1(A)(37) as District 37 and by R.S. 24:35.1(A)(39) as District 39 and by the state representative whose representative district is defined by R.S. 24:35.5(A)(4) as District 4.
(f) Two members from a list of seven nominees submitted to the mayor by the Shreveport city council members.
(2) All members of the authority, other than elected officials, shall reside in the district or have their personal principal place of business or office in the district or own property in the district.
(3) The terms of the members shall be three years and they may be reappointed.
(4) A vacancy occurring for any cause shall be filled by using the above order and procedure until the board membership is composed as described above. Thereafter, vacancies will be filled by this procedure, with nominations originating from the same group that appointed the outgoing member.
D.(1) The authority 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 authority 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.
(2) The authority shall be empowered to employ an executive director and such other employees as are necessary to carry out the functions of the authority.
E.(1) It shall be the function and duty of the authority to formulate the program to implement the various development plans for the district heretofore or hereafter submitted, and it shall revise or amend its decisions from time to time as it sees fit. Such a program shall implement the various plans with the responsibility of aiding and encouraging private development of the area, promoting and coordinating public development, and encouraging and aiding in the preservation, revitalization, and beautification of public and private property within the district.
(2) In carrying out such programs, the authority may consult with all departments of the city of Shreveport and such other public or private agencies as are concerned with matters affecting or affected by the program. The authority 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 authority's program may provide, with the approval of the city council, for public financial assistance for the preservation, revitalization, and beautification of public and private development within the district.
F.(1) In order to provide funds for the implementation of the proposals and programs of the district, the authority 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 ten 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 or made available by the authority for administration costs, operational expenses, acquiring property by purchase, donation, exchange, or otherwise but not by expropriation, the preservation, revitalization, or beautification of public and private property within the district, project expenses 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 industry which would compete with any such existing private enterprise in the district. Any property acquired thereby shall be disposed of only in accordance with R.S. 33:4712.
(2) The authority 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 authorized herein. The proposals, both for the levy of any special ad valorem tax or for the issuance of bonds, shall be submitted to the Shreveport 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 Shreveport for their approval or rejection. The election shall be called and held in accordance with the applicable laws of the state of Louisiana, and each 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 is now or hereafter may be authorized by law to levy and collect. All services and programs to be provided to the 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 district by the city government either at present or in the future. All ad valorem taxes levied within the district pursuant to previous legislation shall remain authorized pursuant to this Section, notwithstanding the repeal of legislation authorizing said ad valorem taxes.
(3) The city council shall review and consider any plans submitted within thirty days following the submission to it by the authority, 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 shall be levied as provided herein. If the city council rejects the plan, it shall notify the authority of this action, and the authority 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 setting forth the matters hereinabove prescribed. 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 authority in order that the plans may be improved.
(4) 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 authority or by the city council.
G. Any 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 contained 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.
H. If any provision or item of this Act or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Section which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this Section are hereby declared severable.
I. All laws or parts of laws in conflict herewith are hereby repealed.
Acts 2004, No. 362, §2, eff. June 21, 2004; Acts 2008, No. 474, §1; Acts 2009, No. 423, §1, eff. July 7, 2009; Acts 2015, No. 96, §1.
NOTE: See Acts 2004, No. 362, §3, relative to repeal of Acts 1975, No. 573, Acts 1978, No. 554, Acts 1980, No. 411, Acts 1984, No. 163, and Acts 2003, No. 265.