§2740.52. Kenner Assistance District

A. Policy. The legislature does hereby find and declare that in order to assist the city of Kenner in the parish of Jefferson in furtherance of the public functions, duties, and responsibilities of such city, including but not limited to funding for municipal government operations, infrastructure needs, and the health, welfare, and safety of the citizens of the city it is necessary to create and establish a political subdivision and special taxing district to assist the city of Kenner to provide funding for its needs.

B. Creation. There is hereby created and established the Kenner Assistance District, the "district", whose boundaries shall be coterminous with the boundaries of the city of Kenner. The district is created as a special taxing district and a body politic and corporate and a political subdivision of the state and shall have all powers accorded by law to political subdivisions of the state. The creation and establishment of the district is in all respects a public and governmental purpose exercised to assist the city of Kenner in funding its governmental functions and in carrying out its purposes including the provision of adequate infrastructure and for the health, safety, welfare, comfort, and security of its citizens. The district shall be subject to the Public Records Law, Open Meetings Law, and Code of Governmental Ethics.

C. Board of directors. (1) The district shall be administered and governed by a board of directors of seven persons appointed by the governing authority of the city of Kenner. Four members shall be appointed from a list of eight nominees submitted by the mayor of the city of Kenner. Two members shall be appointed from a list of four nominees submitted by the Kenner Development Corporation. One member shall be appointed from a list of two nominees submitted by the East Jefferson Chamber of Commerce. The board of directors shall not exercise any of its rights or powers until the initial seven members of the board are appointed.

(2) All appointed directors shall serve at the pleasure of the appointing authority. The board shall elect the chairman. The board may elect a vice chairman and treasurer. The board shall appoint a secretary and such other officers, employees, and agents as are deemed necessary by the board. A majority of the directors shall constitute a quorum and a majority vote of the directors constituting the quorum shall be necessary for any action taken by the district. No vacancy on the board shall impede the right of the quorum to exercise all of the rights and perform all of the duties of the district. The board may adopt bylaws and prescribe rules to govern its meetings. The domicile of the board shall be established by the board within the city of Kenner in the parish of Jefferson, Louisiana. The members of the board shall serve without salary or per diem.

D. Rights and powers. The district as a body corporate and politic and a political subdivision of the state shall have the following rights and powers:

(1) To adopt bylaws for the regulation of its affairs and the conduct of its business.

(2) To adopt an official seal and alter the same at its pleasure.

(3) To sue and be sued.

(4) To make and execute any contract, cooperative endeavor agreement, or other instrument necessary in the exercise of the powers, duties, and functions of the district.

(5) To transfer the proceeds derived by the district from the imposition and collection of the taxes authorized by this Section to the city of Kenner and to make grants and donations to the city from any of its revenues.

(6) To exercise any and all other powers necessary to accomplish the purposes of the district.

E. Budget. The governing authority of the district shall annually propose a budget of revenues and expenditures of the district. The budget shall not be final and effective until approved by the city council. All expenditures of the district shall be made in accordance with the budget.

F. Special election. (1) Subject to the prior approval of the governing authority of the city of Kenner and the approval of the electors of the district at an election held for such purposes in accordance with the provisions of Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, the district may by resolution or ordinance of the board levy ad valorem taxes for the purposes of the district and the city of Kenner. The proposition to authorize any such tax shall state the specific purpose or purposes for which the tax is to be levied and the length of time the tax is to remain in effect. All proceeds of the tax shall be used exclusively for the purpose or purposes set forth in the ordinance or resolution. The district is authorized to contract with the city of Kenner for the collection of any taxes levied by the district.

(2) Any ad valorem tax levied by the district, being a special ad valorem tax, shall be subject to the homestead exemption as provided by Article VII, Section 20 of the Constitution of Louisiana.

(3) Any tax levied under authority of this Subsection shall be in lieu of any similar tax levied by the city of Kenner.

G. Cooperative Agreements. (1) The district is specifically authorized to enter into one or more cooperative endeavor agreements with the city of Kenner and to transfer the proceeds of any tax levied by the district to the city of Kenner pursuant to any such cooperative endeavor. The city of Kenner is authorized to pledge any revenues received by the district to secure any bonds or other evidences of indebtedness of the city.

(2) The district and/or the city of Kenner are authorized to establish the validity of any taxes levied by the district and of any bonds or other evidences of indebtedness of the city secured by a pledge of all or a portion of the avails of such taxes by instituting a proceeding under the Bond Validation Procedures Law (R.S. 13:5121 et seq.).

Added by Acts 2001, No. 939, §1, eff. June 16, 2001; Acts 2010, No. 861, §15.