Louisiana Revised Statutes 33:9038.75 – St. Martin Special Medical District
Terms Used In Louisiana Revised Statutes 33:9038.75
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Ex officio: Literally, by virtue of one's office.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
A. Declaration. The legislature hereby finds and declares that a cooperative economic development district is necessary to establish the framework and governance of medical economic development through public-private partnerships, job creation, and to continue to improve the health outcomes of citizens.
B. Creation. The governing authority of the parish of St. Martin may create a special district and political subdivision of the state, hereinafter referred to as the “district”.
C. Boundaries. The district shall be comprised of the following described parcels or tracts of land located in St. Martin Parish:
That certain tract of land, together with all buildings and improvements thereon located, and all rights, ways, privileges, and servitudes thereto appertaining, and all appurtenances thereof, containing 44.422 acres and being situated in Section 47, Township 9 South, Range 6 East, St. Martin Parish, Louisiana, the said property being depicted on a plat of survey dated February 20, 2018, prepared by Comeaux Engineering & Consulting; the subject property measuring 499.18 feet on Champagne Boulevard its southwestern line, by 4,023.91 feet on its southeastern line, 3,752.10 feet on its northwestern line, and 566.00 feet on Doyle Melancon Road (Doyle Melancon Extension Road), its northeastern line; the said property being bounded, now or formerly, as follows: on the southwest by Champagne Boulevard; on the northwest by the property of Robert Grant Bienvenu; on the southeast by the properties of Hospital Service District No. 2 of St. Martin Parish, Louisiana, Randy J. Kees, Kyle Lastrapes, Kip Lastrapes, and Charles Papadakes, et al; and on the northeast by Doyle Melancon Road; the subject property having the boundaries and further dimensions as shown and depicted on the plat of survey.
D. Purpose. The district is created to provide for cooperative economic development within the district among the district, the owner or owners of business and property within the district, and any other interested parties, such development endeavors being related to the provisions and expansion of medical services, renovation, restoration, and related ventures.
E. Governance. In order to provide for the orderly development of the district and to effectuate the purposes of the district, the district shall be administered and governed by the board of commissioners of the St. Martin Parish Hospital Service District No. 2, and the parish president shall serve as an ex officio member.
F. Rights and powers. The district, acting by and through its board of commissioners, shall have and exercise all powers of a political subdivision and special taxing district necessary or convenient for the carrying out of its objects and purposes, including but not limited to the following:
(1) To sue and 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) For the public purposes of the district, to enter into 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 establish public-private partnerships and joint ventures for the benefit of the district and to contract with private concerns who may be granted leases, rights-of-use, or other concessions for contributing private at-risk capital for a particular district project or program.
(6) To acquire by gift, grant, purchase, or lease property as may be necessary or desirable for carrying out the objectives and purposes of the district, and to sell the 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 shall be deemed and considered to be an issuer for purposes of La. Rev. Stat. 33:9037 and shall, to the extent not in conflict with this Section, be subject to the provisions of La. Rev. Stat. 33:9037. The tax to repay the bonded indebtedness shall be levied through an ordinance adopted by the district’s board, only after a special election is held for the purpose of approving the tax by a majority of the electors voting.
(8) To establish funds or accounts as are necessary for the conduct of the affairs of the district.
G.(1) For purposes of implementing tax increment financing as provided for in this Part, the board shall have all authorities provided for in La. Rev. Stat. 33:9038.33 to implement ad valorem tax increment financing and bonding, in La. Rev. Stat. 33:9038.34 to implement sales tax increment financing, and in La. Rev. Stat. 33:9038.35 for cooperative endeavor authority. However, any tax or portion of a tax which has been previously dedicated to another purpose according to a proposition approved by voters shall be used as a tax increment only if approved by a majority of the voters of the taxing authority levying the tax voting on the proposition in an election held for that purpose. Any election held pursuant to this Section shall be conducted in accordance with the Louisiana Election Code and held on a date that corresponds with an election date provided by La. Rev. Stat. 18:402(A)(1) or (B)(1).
(2) The board shall designate the boundaries of a sales tax area and shall designate the local sales taxes, which are to be used in determining the sales tax increments, including state sales tax increments, and the initial annual baseline collection rate for the sales tax area, which shall be the amount of the designated sales taxes collected in the sales tax area in the fiscal year of the district most recently completed prior to the establishment of the sales tax area. In addition, a monthly baseline collection rate shall be determined by dividing the initial annual baseline collection rate by twelve. The initial annual baseline collection rate and the monthly baseline collection rate shall be certified by the chief financial officer or equivalent of the district. The certification shall also be published one time in the official journal of the parish of St. Martin. If the amounts of the initial annual baseline collection rate and the monthly baseline collection rate are not contested within thirty days after publication, then the amounts shall be conclusively presumed to be valid, and no court shall have any jurisdiction to alter or invalidate the designation of the amount of either the initial annual baseline collection rate or the monthly baseline collection rate.
H. The provisions of this Section shall not affect any school system or law enforcement agency for any purpose.
I. Liberal construction. This Section, being necessary for the welfare of the parish and its residents, shall be liberally construed to effect the purposes thereof.
Acts 2023, No. 204, §1, eff. June 8, 2023.