Louisiana Revised Statutes 33:9039.41 – Southwest Acadiana Parishes Rehabilitation District
Terms Used In Louisiana Revised Statutes 33:9039.41
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Quorum: The number of legislators that must be present to do business.
A. Short title. This Chapter shall be known and be cited as the “Southwest Acadiana Parishes Public Housing Rehabilitation District Act”.
B. Creation. The Southwest Acadiana Parishes Public Housing Rehabilitation District, hereafter referred to as the “district”, is hereby created as a special district of the state and shall be comprised of the territorial jurisdiction of the parishes of Acadia, Lafayette, St. Landry, and Vermilion. The district shall be a body politic and corporate and a political subdivision of the state.
C. Purpose. The purpose of the district shall be to aid in providing safe, decent and affordable housing for individuals and families who are challenged by income, disability or special need.
D. Governance. (1) The affairs of the district shall be administered and governed by a thirteen-member board of commissioners selected as follows: three members appointed to represent the parish of Acadia, three members to represent the parish of Lafayette, three members to represent the parish of St. Landry, three members to represent the parish of Vermilion and the secretary of the Department of Children and Family Services.
(a) The president of the governing authority of the parish of Acadia shall appoint three commissioners who shall be residents of the parish of Acadia, who reside within the district, and who shall serve a term of four years.
(b) Three commissioners shall be residents of the parish of Lafayette appointed by the governor from a list of nominees submitted to the governor by a majority of the members of the legislative delegation representing Lafayette Parish. Each appointment by the governor shall be subject to Senate confirmation and shall serve a term of four years.
(c) Three commissioners shall be residents of the parish of St. Landry appointed by the governor from a list of nominees submitted to the governor by a majority of the members of the legislative delegation representing St. Landry Parish. Each appointment by the governor shall be subject to Senate confirmation and shall serve a term of four years.
(d) The president of the governing authority of the parish of Vermilion shall appoint three commissioners who shall be residents of the parish of Vermilion, who reside within the district, and who shall serve terms of four years.
(e) One member shall be the secretary of the Department of Children and Family Services.
(2) The board shall elect a chairman, secretary, and treasurer and may elect such other officers as deemed necessary. A majority of the board shall constitute a quorum and a majority vote of the board members constituting a quorum shall be necessary for any action taken by the board. The board shall adopt bylaws and prescribe rules to govern its meetings and shall fix the place or places at which meetings shall be held.
(3) The domicile of the district shall be determined by the board at its first meeting. The members of the board shall serve without salary or per diem allowance.
(4) Any vacancy which occurs on the board shall be filled for the unexpired term in the same manner as provided for the initial appointment.
E. Powers and duties. The district, acting through its board of commissioners, shall have the following powers and duties:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business.
(2) To maintain an office at such place as it may designate.
(3) To sue and be sued.
(4) To receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money.
(5) To apply and contract for assistance from the United States or other public or private sources.
(6) To make and execute contracts and other instruments necessary in the exercise of the powers and functions of the district under this Chapter, including contracts with persons, firms, corporations, and others.
(7) To research, study, develop, and implement plans and programs designed to promote the district as an area into which individuals and families who are challenged by income, disability or special need may relocate.
(8) To promulgate rules and regulations for determining eligibility as an individual or family who is challenged by income, disability or special need.
(9) To direct the parish governing authorities located in the district to refund certain local sales and use taxes imposed in the district.
(10) To levy and collect any other taxes authorized by the Constitution of Louisiana for political subdivisions. Any such tax shall be levied and collected only after the question of its imposition has been submitted to and approved by a majority of the qualified voters of the district voting at a regularly scheduled election to be conducted in accordance with the Louisiana Election Code.
(11) To exercise any and all other powers necessary to accomplish the purposes of this Chapter.
F. Incentives. (1) Subject to the limitations provided in this Subsection, the district shall refund or cause to have refunded, in accordance with rules and regulations adopted by the board, to eligible persons those local sales and use taxes collected as a consequence of the purchase of materials used in the restoration, renovation, or rehabilitation of an existing structure or in the construction of a new house and associated improvements in a low income approved community development area, provided:
(a) The person restoring, renovating, or rehabilitating the existing structure or building or causing the building of the new home certifies in writing that the home was purchased by an individual or family who is challenged by income, disability or special need.
(b) The person restoring, renovating, or rehabilitating the existing structure or building or causing the building of the new home presents documents sufficient to prove the amount of sales and use taxes paid and eligible for refund upon the sale of the new house.
(c) The person restoring, renovating, or rehabilitating the existing structure or building or causing the building of the new home certifies in writing that he has complied with applicable criteria, rules, regulations, and procedure established by the district and the parish governing authority.
(d) The person restoring, renovating, or rehabilitating the existing structure or building or causing the building of the new home completes and submits forms prescribed by the board and the affected parish governing authority for the refund of sales and use taxes.
(2)(a) The authority of the district pursuant to the provisions of Paragraph (1) of this Subsection to cause the refund of local sales and use taxes shall be subject to approval by a majority of the electors of the district voting thereon in an election held for that purpose.
(b) The district, through its board of commissioners, shall notify each parish governing authority as to the amount of sales and use tax refund due, and each parish governing authority shall refund the tax to the person as provided in Paragraph (1) of this Subsection.
Acts 2005, No. 324, §1, eff. June 30, 2005.