SLS 10RS-351 ORIGINAL
Page 1 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 227
BY SENATOR DUPLESSIS
SPECIAL DISTRICTS. Provides relative to the New Orleans Regional Business Park.
(gov sig)
AN ACT1
To amend and reenact R.S. 33:4701(A), 4702(B)(1), (2), (4) and (6)(b), (C), (E)(1), (4) and2
(5), (F), (G), (H), and (I), 4703(A) and (C) and 4706(A) and (B); to enact R.S.3
33:4701(C), 4702(B)(3) and (D), and 4706(C) and (D), and to repeal R.S.4
33:4702(J); relative to the New Orleans Regional Business Park; to provide with5
respect to the purpose of the district; to provide with respect to the members6
appointed to the board; to provide for an executive director; to provide with respect7
to plans submitted by the board and the process related to such plans; to provide with8
respect to issuing bonds; to provide with respect to unpaid and outstanding bonds;9
to provide with respect to the powers of the district; to provide with respect to the use10
of district funds; and to provide for related matters.11
Notice of intention to introduce this Act has been published.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 33:4701(A), 4702(B)(1), (2), (4) and (6)(b), (C), (E)(1), (4) and (5),14
(F), (G), (H), and (I), 4703(A) and (C) and 4706(A) and (B) are hereby amended and15
reenacted, and R.S. 33:4701(C), 4702(B)(3) and (D), and 4706(C) and (D), to read as16
follows:17 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 2 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§4701. The New Orleans Regional Business Park; creation and powers1
A. There is hereby created in the city of New Orleans in the hereinafter2
described area a special municipal district designated as the "New Orleans Regional3
Business Park," hereinafter referred to as the "district", which, through its board of4
commissioners, shall have the power to acquire, construct, improve, maintain, and5
operate projects and to provide additional municipal services within the district. The6
New Orleans Regional Business Park, hereinafter referred to as the "district,"7
is hereby constituted and is declared to be a body politic and political8
subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the9
Constitution of Louisiana and shall exist in perpetuity. Pursuant to Article VI,10
Sections 19, 20 and 21 of the Constitution of Louisiana, the district, acting11
through its board of commissioners, the governing authority of said district, is12
hereby granted all of the rights, powers, privileges, and immunities accorded by13
law and the Constitution of Louisiana to political subdivisions of the state,14
including but not limited to, the power of taxation, the power to incur debt and15
issue revenue and general obligation bonds, certificates of indebtedness, bond16
and certificate anticipation notes, and refunding bonds, subject to the17
limitations hereinafter provided.18
* * *19
C. The district is created for the object and purpose of stimulating20
industrial and commercial development in Orleans Parish and the parishes21
adjacent to Orleans Parish by developing stable and more extensive22
employment opportunities, promoting economic development, especially in23
disadvantaged communities, improving infrastructure, and promoting the24
overall welfare of the citizens of Orleans Parish. It may do so through25
diversified activities, including, but not limited to, activities and planned land26
uses to foster creation of new jobs, economic development, industry, health care,27
commerce, manufacturing, tourism, relocation of people and businesses to the28
district or areas near the district, aviation, military, warehousing,29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 3 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
transportation, offices, recreation, housing, environmental conservation, the1
acquisition of land and improvements, and, when necessary, the construction,2
operation, and maintenance of facilities, improvements and infrastructure,3
including buildings, runways, roads, bridges, drainage, and utilities.4
§4702. Board of commissioners; appointment and term; organization5
* * *6
B.(1) In order to provide for the orderly planning, development, acquisition,7
construction, and effectuation of the services, projects, improvements, and facilities8
to be provided or furnished by the district, and to provide for the representation in9
the affairs of the district of those persons and interests immediately concerned with10
and affected by the functions, operation, purposes, and developments of the district,11
the New Orleans Regional Business Park shall be managed by a board of12
commissioners comprised of qualified voters and legal Louisiana residents.13
(2) The board shall be composed of fifteen members who shall be appointed14
as follows:15
(a) The New Orleans East Business Association shall appoint one member16
who shall serve an initial term of one year.17
(b) The New Orleans Chamber Inc. shall appoint one member who shall serve18
an initial term of one year.19
(c) The state representative whose representative district is defined in R.S.20
24:35.5(A)(100) shall appoint one member who shall serve an initial term of two21
years.22
(d) The state senator whose senatorial district is defined in R.S. 24:35.1 as23
District 2 shall appoint two members each of whom shall serve an initial term of24
three years.25
(e) The councilman councilperson of the councilmanic council district in26
which the special municipal district New Orleans Regional Business Park is27
located shall appoint one member who shall serve an initial term of three years.28
(f) The mayor of the city of New Orleans shall appoint two members each of29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 4 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
whom shall serve an initial term of three years.1
(g) The state representative whose representative district is defined in R.S.2
24:35.5(A)(103) shall appoint one member who shall serve an initial term of two3
years.4
(h) The state representative whose representative district is defined in R.S.5
24:35.5(A)(101) shall appoint one member who shall serve an initial term of two6
years.7
(i) The New Orleans East Economic Development Foundation shall appoint8
one member who shall serve an initial term of one year.9
(j) The governor shall appoint one member who shall serve an initial term of10
one year.11
(k) The lieutenant governor shall appoint one member who shall serve an12
initial term of one year.13
(l) The board of commissioners of the Port of New Orleans shall appoint one14
member who shall serve an initial term of two years.15
(m) The Regional Planning Commission for Jefferson, Orleans, Plaquemines,16
St. Bernard, and St. Tammany parishes shall appoint one member who shall serve17
an initial term of two years.18
(3) Any vacancy in the membership of the board occurring by reason of19
the expiration of the term of office, or by reason of death, resignation,20
disqualification, or otherwise, shall be filled by the respective nominating entity21
within sixty days after receipt by such nominating entity of written notification22
of the vacancy. In the event that the respective nominating entity fails to fill the23
vacancy within sixty days after receipt of written notification of the vacancy, the24
board shall appoint an interim successor to serve on the board until the position25
is filled by the respective nominating entity responsible for the appointment of26
such member. If the board fails to fill a vacancy in its membership with such27
sixty day period, the mayor shall appoint such member. Any board member28
appointed by the board or mayor pursuant to this Paragraph may be replaced29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 5 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
at any time by the nominee of the appointing authority.1
(4) In the event any of the foregoing organizations or public officials fail to2
make an appointment within sixty days of the date on which notice to make such3
appointment is sent to such organization or public official by the mayor, then the4
mayor shall appoint such member as would have been authorized for such5
organization or public official. Any member who misses fifty percent of the6
meetings, regular and special, of the board in any calendar year shall be7
disqualified and removed automatically from office and that person's position8
shall be vacant, as of the first day of the succeeding calendar year. Such vacated9
position shall be filled by the respective nominating entity for the balance of the10
vacated term. The former member shall not be eligible for reappointment until11
expiration of the balance of the vacated term.12
* * *13
(6) * * *14
(b) Any member of the board appointed pursuant to Subparagraph (2)(a)15
through (m) of this Subsection may be removed by his respective appointing16
authority at any time, with or without cause.17
* * *18
C.(1) The board of commissioners shall elect from its members a chairman,19
a vice chairman, a secretary-treasurer and such other officers as it may deem20
necessary at its first meeting; the chairman shall serve at the pleasure of the board.21
The board of commissioners may also select one person as president executive22
director; three people as vice presidents directors to be in charge of marketing,23
operations, and finance respectively, who shall not be members of the board, but who24
shall be qualified voters and legal Louisiana residents.25
(2) The secretary-treasurer shall furnish such bonds as may be required by the26
board of commissioners. The premium on the bond shall be paid out of the operating27
funds of the district. The president executive director shall be the chief executive28
officer of the district, shall manage its affairs and operation, subject to the rules and29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 6 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
regulations and bylaws adopted by the council and the board. The president1
executive director and three vice presidents directors shall receive such salary and2
office expense allowance, if any, as shall be fixed and determined by the board of3
commissioners.4
D. The executive director, with the concurrence of the board of the5
district, may hire such staff and other necessary personnel as may be necessary6
to carry out the directions and instructions of the board, and may do such other7
acts as may be directed by the board.8
E.(1) As often and at such time or times as the board of commissioners9
of the district may deem to be necessary or advisable, the The board of the district10
shall prepare, or cause to be prepared a plan or plans, such plan or plans being11
hereinafter referred to, collectively, as the plan, specifying the public improvements,12
projects, facilities, and services proposed to be furnished, provided, constructed or13
acquired, for the district, and it shall conduct such public hearings, publish such14
notice with respect thereto and disseminate such information as it in the exercise of15
its sound discretion may deem to be appropriate or advisable and in the public16
interest.17
* * *18
(4) The board of commissioners of the district shall also submit its plan to19
the planning commission of the city of New Orleans City Council for review and20
comment as to whether the plan is consistent with city of New Orleans'21
comprehensive plans. Said planning commission shall review and consider the plan22
in order to determine whether or not it is consistent with the comprehensive plan for23
the city of New Orleans, and shall within Within thirty days following of receipt24
thereof of the proposed plan, the New Orleans City Council shall submit to the25
city council its written opinion as to whether or not the plan or any portion or detail26
thereof is inconsistent with the comprehensive plan for the city city of New Orleans,27
together with its written comments and recommendation with respect thereto to the28
board of commissioners of the district.29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 7 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(5) After receipt of the plan comments of the New Orleans City Council,1
the board of commissioners of the district shall review and consider the plan2
together with the written comments. and recommendations of the city planning3
commission, The board shall thereafter modify the proposed plan based on such4
comments and proceed with implementation of the modified proposed plan. the5
council shall review and consider the plan, together with such written comments and6
recommendations. The council may by a majority vote of its members adopt or reject7
the plan as originally submitted by the board, or it may alter or modify the plan or8
any portion or detail thereof, but only by a majority vote of all of its members. If the9
plan as originally submitted by the board is adopted by a majority vote of the10
council, it shall become final and conclusive and may thereafter be implemented. If,11
however, the council alters or modifies the plan by a majority vote of its members,12
the plan so altered or modified shall be resubmitted to the board of the district for its13
concurrence or rejection. The board of the district may concur in such modified plan14
by a majority vote of all of its members. If the board so votes to concur in the plan15
as modified by the council, it shall notify the council in writing of its action.16
Thereafter, and as often and at such time or times as the board may deem to be17
necessary or advisable, it shall prepare, or cause to be prepared, a plan or plans and18
submit the same to the city planning commission in accordance with the same19
procedure hereinabove prescribed with respect to the original plan. The city planning20
commission shall, in turn, submit such plan, together with its written comments and21
recommendations to the council for its adoption, modification or rejection in the22
same manner and with the same effect as hereinabove provided with respect to the23
original plan submitted, as aforesaid.24
F. The executive director, with the concurrence of the board of the district,25
may hire such staff and other necessary personnel as may be necessary to carry out26
the directions and instructions of the board, and may do such other acts as may be27
directed by the board.28
G. All public services to be furnished within the district pursuant to any plan29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 8 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
finally and conclusively adopted hereunder, shall be furnished and supplied by the1
city of New Orleans through its regularly constituted departments, agencies, boards,2
commissions, and instrumentalities as appropriate in the circumstances. and all3
capital improvements, projects and facilities to be acquired, constructed or provided4
within the district, whether from the proceeds of bonds or otherwise, shall likewise5
be so acquired, constructed, or provided by the city of New Orleans through its6
regularly constituted departments, agencies, boards, commissions, and7
instrumentalities as appropriate in the circumstances, It is it being the intent hereof8
to avoid duplication of administrative and management efforts and expense in the9
implementation of any plan adopted for the benefit of the district. In order to provide10
such public services the district and provide, construct or acquire such capital11
improvements, projects and facilities the board, upon the recommendation of its12
executive director, may enter into contracts with the city of New Orleans. The cost13
of any such public services, projects, capital improvements and facilities shall be14
paid to the city of New Orleans out of the proceeds of the special tax levied upon real15
property within the district as herein provided, or from the proceeds of bonds, as the16
case may be.17
G.H. The board, in addition to all other taxes which it is now or hereafter18
may be authorized by law to levy and collect, is hereby authorized to levy and19
collect, as specifically provided in Subsection K hereinafter, for a term not to exceed20
fifty years from and after the date the first tax is levied pursuant to the provisions of21
this Section, in the same manner and at the same time as all other ad valorem taxes22
on property subject to taxation by the city are levied and collected, a special ad23
valorem tax upon all taxable real property situated within the boundaries of the24
district except property occupied in whole or in part as a residence by an owner25
thereof. The number of mills hereby authorized shall not exceed twenty mills on the26
dollar of assessed valuation on all taxable property within the district. Said tax, when27
levied, shall be from year to year, or for such period of years not to exceed fifty years28
as may be designated in the resolution by which the election is called on the question29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 9 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the imposition of said tax. No such tax shall be levied until a plan requiring or1
requesting the levy of a tax is finally and conclusively adopted in accordance with2
the procedures prescribed in this Section. The proceeds of said tax shall be used3
solely and exclusively for the purposes and benefit of the district.4
H.I.(1) The board, by resolution adopted by a vote of a majority of the5
members of the board of the district, shall have power and is hereby authorized to6
incur indebtedness for and on behalf and for the sole and exclusive benefit of the7
district, and to issue at one time, or from time to time, negotiable bonds, notes and8
other evidence of indebtedness, herein referred to collectively as bonds, of the9
district, the principal of, premium if any, and interest on which shall be payable10
solely from the proceeds of the special tax authorized, levied, and collected pursuant11
to the provisions of this Section for the purpose of paying the cost of acquiring and12
constructing capital improvements, projects, and facilities within the district. Such13
bonds shall not constitute general obligations of the city of New Orleans, nor shall14
any property situated within the city other than property situated within the15
boundaries of the district be subject to taxation for the payment of the principal of,16
premium, if any, and interest on such bonds. Furthermore, any indebtedness incurred17
by the city of New Orleans for and on behalf and for the benefit of the district18
pursuant to the provisions of this Section, whether evidenced by bonds, notes or19
other evidences of indebtedness, or otherwise, shall be excluded in determining the20
power of the city of New Orleans to incur indebtedness and to issue its general21
obligation bonds. The principal amount of such bonds which may be outstanding and22
unpaid at any one time in the district shall never exceed the sum of fifty million23
dollars. All such bonds shall be sold by the board, and shall bear such rate or rates24
of interest, and shall, except as herein otherwise specifically provided, be in such25
form, terms, and denominations, be redeemable at such time or times at such price26
or prices, and payable at such times and places, within a period of not exceeding fifty27
years from the date thereof, as the board, shall determine.28
(2) Said bonds shall be signed by the president chairperson of the board of29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 10 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
commissioners, and countersigned by the secretary secretary of the board, and the1
coupons attached to said bonds shall bear the facsimile signatures of said president2
chairperson and said secretary. In case any such officer whose signature or3
countersignature appears upon such a bond or coupon shall cease to be such officer4
before delivery of said bonds or coupons to the purchaser, such signature or5
countersignature shall nevertheless be valid for all purposes. The cost and expense6
of preparing and selling the bonds authorized herein shall be paid out of the proceeds7
realized from the sale of such bonds.8
(3) The resolution of the board, authorizing the issuance and sale of such9
bonds and fixing the form and details thereof, may contain such other provisions, not10
inconsistent or in conflict with the provisions of this Section, as it may deem to be11
necessary or advisable to enhance the marketability and acceptability thereof by12
purchasers and investors, including, but without limiting the generality of the13
foregoing, covenants with bond holders setting forth (a) conditions and limitations14
on the issuance of additional bonds constituting a lien and charge on the special tax15
levied on real property within the district pari passu pari passu with bonds16
theretofore issued and outstanding and (b) the creation of reserves for the payment17
of the principal of and interest on such bonds. These bonds and the interest thereon18
are exempt from all taxation levied for state, parish or municipal or other local19
purposes; and savings banks, tutors of minors, curators of interdicts, trustees and20
other fiduciaries are authorized to invest the funds in their hands in said bonds.21
(4) The Board of Liquidation, City Debt, as now organized and created, and22
with the powers, duties and functions prescribed by existing laws, shall be continued23
so long as any bonds authorized by this Section are outstanding and unpaid.24
I.J. Notwithstanding any other provision of this Section to the contrary, no25
tax authorized herein shall be levied and no bonds shall be issued unless and until the26
amount of the tax authorized to be levied and the amount of the bonds authorized to27
be issued has been approved by a majority of the electors voting thereon in the city28
of New Orleans in an election called for that purpose. No bonds issued pursuant to29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 11 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
this Section shall be general obligations of the state of Louisiana, the parish of1
Orleans or the city of New Orleans.2
§4703. Corporate status; domicile; purpose and powers3
A. The New Orleans Regional Business Park a special municipal district4
created under the provisions of this Part, shall constitute a body corporate in law,5
with all the powers of a corporation, and with all the powers and rights of a political6
subdivision of the state as provided by the constitution and laws of this state,7
including but not limited to the power to incur debt and issue, or secure the issuance8
of, negotiable bonds in accordance with the power and authority and in the form and9
manner, and with the effect and security now or hereafter provided by the10
constitution and laws of the state of Louisiana, and particularly subject to the11
provisions of R.S. 33:4702. The district through its board of commissioners may sue12
and be sued, have a corporate seal, and do and perform any and all acts in its13
corporate capacity and in its corporate name which are necessary and proper for14
carrying out the purposes and objects for which it is created. All of the property15
belonging to the district shall be exempt from taxation.16
* * *17
C. The objectives and purposes of the special municipal district created under18
the provisions of this Part shall be to provide for the acquisition, construction,19
improvement, maintenance and operation, of special projects, additional municipal20
services, capital improvements, and facilities within the district. Except as21
inconsistent with the provisions of this Part, the district created hereby is granted and22
shall have and may exercise all powers necessary or convenient for the carrying out23
of such objects and purposes including, by way of illustration, but not limitation, and24
subject to the provisions of R.S. 33:4702, the following rights and powers:25
(1) To acquire or purchase any property, or any interest therein, at any26
time to accomplish the objects and purposes of the district, lease as lessee and to27
hold and use any property, real, personal, or mixed, tangible or intangible, or any28
interest therein necessary or desirable for carrying out the purposes of the district,29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 12 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and to sell, transfer, convey, lease as lessor, transfer, or dispose of any property or1
interest therein acquired by it.2
(2) To acquire by purchase, lease, or otherwise and to construct, improve,3
maintain, repair, and operate facilities which it deems necessary or convenient to4
carry out its purposes. lease or sublease, as lessor or lessee or sublessor or5
subleasee, all or portion of any property at a fixed or variable rental without6
advertisement for public bids.7
(3) To enter into agreements of any nature with any person or persons, natural8
or artificial, corporation, association or other entity, including public corporations,9
political subdivisions, municipalities, the United States government and agencies10
thereof, or any combination thereof or with instrumentalities of every kind, for the11
operation of the district, including all or any part of the properties and facilities12
thereof. To acquire by purchase, lease, or otherwise and to construct, improve,13
maintain, repair, and operate facilities which it deems necessary or convenient14
to carry out its purposes.15
(4) To make and enter into contracts, conveyances, mortgages, deeds or16
trusts, bonds, and leases in the carrying out of its corporate objects. To enter into17
agreements of any nature with any person or persons, natural or artificial,18
corporation, association or other entity, including public corporations, political19
subdivisions, municipalities, the United States government and agencies thereof,20
or any combination thereof or with instrumentalities of every kind, for the21
operation of the district, including all or any part of the properties and facilities22
thereof.23
(5) To let contracts for the construction or acquisition in any other manner,24
except through the power of eminent domain, of property and facilities incident to25
the carrying out of the purpose or purposes of the district, which contracts shall be26
let in such manner as shall be determined by the board in conformance with law. To27
make and enter into contracts, conveyances, mortgages, deeds or trusts, bonds,28
and leases in the carrying out of its corporate objects.29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 13 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(6) To fix, maintain, collect, and revise rates, charges, and rentals for the1
properties and facilities owned by the district and the services rendered by the2
district. To let contracts for the construction or acquisition in any other3
manner, except through the power of eminent domain, of property and facilities4
incident to the carrying out of the purpose or purposes of the district, which5
contracts shall be let in such manner as shall be determined by the board in6
conformance with law.7
(7) To make bylaws for the management and regulation of its affairs, not8
inconsistent with the rules, regulations, and bylaws adopted by the council for the9
governance of the district. To fix, maintain, collect, and revise rates, charges, and10
rentals for the properties and facilities owned by the district and the services11
rendered by the district.12
(8) In its own name and behalf, to incur debt, and issue general13
obligation bonds under the authority of and subject to the provisions of Article14
VI, Section 33 of the Constitution of Louisiana, and Subpart A of Part III of15
Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, for16
the establishment, operation, and maintenance of district property as an17
industrial park or to carry out the other public purposes of this Part, without18
election, to issue revenue bonds, borrow money, and issue certificates of19
indebtedness, notes, and other debt obligations as evidence thereof and provide20
for the manner and method of repayment.21
(9) To require and issue licenses, to regulate the imposition of fees and22
rentals charged by the district for services rendered by it or fees or rentals23
charged for use of privately-owned facilities located on district property when24
such facilities are offered for use by the public or by a private industrial,25
commercial, research, or other economic development entity or activity.26
(10)(8) To cooperate and contract with the government of the United States27
or any department or agency thereof and with the state of Louisiana or any28
department or agency thereof and to accept gifts, grants, and donations of property29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 14 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and money therefrom.To develop, activate, construct, exchange, acquire,1
expropriate, improve, repair, operate, maintain, lease, mortgage, sell, subject2
to the provision of this Part, and pledge movable and immovable property,3
servitudes, facilities, and works under such terms and conditions as the district4
may deem necessary or appropriate for any public purpose, including industrial5
and commercial development, notwithstanding the limitations of R.S. 2:131.1,6
135 and 135.1, Chapter 4 of Title 2, Chapter 13 of Title 33, and Chapter 10 of7
Title 41, of the Louisiana Revised Statutes of 1950.8
(11)(9) To cooperate with the state or any other political subdivision,9
department, agency, or corporation of the state for the construction, operation, and10
maintenance of projects and facilities designed to accomplish the purpose or11
purposes for which the district is created on any basis including the matching of12
funds and by participating in projects authorized by any federal or state law as it13
shall see fit. To make bylaws for the management and regulation of its affairs.14
(12)(10) To pledge all or any part of its revenues.To cooperate and contract15
with the government of the United States of America or any department or agency16
thereof and with the state of Louisiana or any department or agency thereof and to17
accept gifts, grants, and donations of property and money therefrom.18
(13)(11) To issue, or secure the issuance of, refunding bonds to refund any19
outstanding bonds issued pursuant to this Section. Such refunding bonds may be20
exchanged for the outstanding bonds or may be sold and the proceeds applied to the21
purchase, redemption, or payment of the outstanding bonds or deposited in escrow22
for the retirement of such bonds. The refunding bonds shall be authorized in all23
respects as original bonds are herein required to be authorized, and the district, in24
authorizing the refunding bonds, shall provide for the security of the bonds, the25
sources from which the bonds are to be paid and for the rights of the holders thereof26
in all respects as herein provided for other bonds issued under the authority of this27
Part. The district may also provide that the refunding bonds shall have the same28
priority of lien on the taxes, income, and revenues pledged for their payment as was29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 15 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
enjoyed by the bonds refunded. To cooperate with the state or any other political1
subdivision, department, agency, or corporation of the state for the2
construction, operation, and maintenance of projects and facilities designed to3
accomplish the purpose or purposes for which the district is created on any4
basis including the matching of funds and by participating in projects5
authorized by any federal or state law as it shall see fit.6
(14)(12) To appoint officers, agents, and employees; to prescribe their duties7
and to fix their compensation which shall be payable out of district funds . To8
borrow money and pledge all or part of its revenues, leases, rents, and other9
advantages as security for such loans.10
(15) To incur debt for any one or more of its lawful purposes set forth in11
this Section herein, to issue in its name negotiable bonds, notes, certificates of12
indebtedness, or other evidences of debt and to provide for the security and13
payment thereof.14
(16) To issue, or secure the issuance of, refunding bonds to refund any15
outstanding bonds issued pursuant to this Section. Such refunding bonds may16
be exchanged for the outstanding bonds or may be sold and the proceeds17
applied to the purchase, redemption, or payment of the outstanding bonds or18
deposited in escrow for the retirement of such bonds. The refunding bonds shall19
be authorized in all respects as original bonds are herein required to be20
authorized, and the district, in authorizing the refunding bonds, shall provide21
for the security of the bonds, the sources from which the bonds are to be paid22
and for the rights of the holders thereof in all respects as herein provided for23
other bonds issued under the authority of this Part. The district may also24
provide that the refunding bonds shall have the same priority of lien on the25
taxes, income, and revenues pledged for their payment as was enjoyed by the26
bonds refunded.27
(17) To borrow the amount of the anticipated ad valorem tax the district28
is authorized to levy hereunder, not to exceed ten mills, for a period not to29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 16 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
exceed twenty years and may issue certificates of indebtedness therefor and may1
dedicate the avails of the tax for the payment thereof for the period of time said2
certificates are outstanding.3
(18) To appoint officers, agents, and employees and to prescribe their4
duties and to fix their compensation which shall be payable out of district funds.5
(19)(13) To recommend to the mayor and the council a program of projects6
within the district to be financed by special liens against the properties improved by7
the program.8
(20) To use or allow the use of any facilities, land and improvements9
within the district or ever owned or leased by the district for any lawful10
purpose.11
(21) The board of commissioners of the district shall be the appropriate12
governing body for all purposes provided in the Louisiana Enterprise Zone Act,13
R.S. 51:1781, et seq., within the area comprised of property owned and formerly14
owned by the district, and shall have the power to perform all acts specified by15
applicable laws and regulations to achieve such purpose.16
* * *17
§4706. Use of district funds; change in level of services18
A. Except as provided in Subsection B of this Section; funds Funds received19
by the board of commissioners of the district from taxes levied, bonds issued, or any20
other source or combination of sources, shall only be used for the benefit of the21
district or for projects or services within the district.22
B. In the event that the level of services is increased or decreased for the city,23
the increase or decrease shall not discriminate against, or cause a disadvantage to the24
special municipal district created hereby. Nor shall there be any diversion by the city25
of its municipal funds from any part or section thereof because of its inclusion in or26
exclusion from the special municipal district, designated as the "New Orleans27
Regional Business Park."28
C. For a period of thirty days from the date of publication of any29 SB NO. 227
SLS 10RS-351 ORIGINAL
Page 17 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
resolution or ordinance authorizing the issuance of any bonds, certificates of1
indebtedness, notes, or other evidence of debt of the district, any interested2
person may contest the legality of such resolution or ordinance and the validity3
of such bonds, certificates of indebtedness, notes, or other evidence of debt4
issued or proposed to be issued thereunder and the security of their payment,5
after which time no one shall have any cause of action to contest the legality of6
said resolution or ordinance or to draw in question the legality of said bonds,7
certificates of indebtedness, notes, or other evidence of debt, the security8
therefor, or the debts represented thereby for any cause whatever, and it shall9
be conclusively presumed that every legal requirement has been complied with,10
and no court shall have authority to inquire into such matters after the lapse of11
thirty days.12
D. The issuance and sale of such bonds, certificates of indebtedness,13
notes, or other evidence of debt by the district shall be subject to approval by14
the State Bond Commission.15
* * *16
Section 2. R.S. 33:4702(J) is hereby repealed.17
Section 3. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Proposed law provides that the district is created for the object and purpose of stimulating
industrial and commercial development in Orleans Parish and the parishes adjacent to
Orleans Parish by developing stable and more extensive employment opportunities,
promoting economic development, especially in disadvantaged communities, improving
infrastructure, and promoting the overall welfare of the citizens of Orleans Parish. Provides
that it may accomplish such through diversified activities, including, but not limited to,
activities and planned land uses to foster creation of new jobs, economic development,
industry, health care, commerce, manufacturing, tourism, relocation of people and SB NO. 227
SLS 10RS-351 ORIGINAL
Page 18 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
businesses to the district or areas near the district, aviation, military, warehousing,
transportation, offices, recreation, housing, environmental conservation, the acquisition of
land and improvements, and, when necessary, the construction, operation, and maintenance
of facilities, improvements and infrastructure, including buildings, runways, roads, bridges,
drainage, and utilities.
Present law provides that in the event any of the organizations or public officials with
appointment authority fail to make an appointment within 60 days of the date on which
notice to make such appointment is sent to such organization or public official by the mayor,
then the mayor shall appoint such member as would have been authorized for such
organization or public official.
Proposed law provides that any vacancy in the membership of the board occurring by reason
of the expiration of the term of office, or by reason of death, resignation, disqualification,
or otherwise, shall be filled by the respective nominating entity within 60 days after receipt
by such nominating entity of written notification of the vacancy. In the event that the
respective nominating entity fails to fill the vacancy within 60 days after receipt of written
notification of the vacancy, the board shall appoint an interim successor to serve on the
board until the position is filled by the respective nominating entity responsible for the
appointment of such member. If the board fails to fill a vacancy in its membership within
such 60 day period, the mayor shall appoint such member. Any board member appointed by
the board or mayor pursuant to this proposed law may be replace at any time by a nominee
of the appointing authority.
Proposed law provides that any member who misses 50% of the meetings, regular and
special, of the board in any calendar year shall be disqualified and removed automatically
from office and that person's position shall be vacant, as of the first day of the succeeding
calendar year. Such vacated position shall be filled by the respective nominating entity for
the balance of the vacated term. The former member shall not be eligible for reappointment
until expiration of the balance of the vacated term.
Present law provides that any member of the board appointed pursuant to present law may
be removed by his respective appointing authority.
Present law retains present law and clarifies that the member may be removed at any time
without cause and makes technical changes.
Present law provides that the board of commissioners may also select one person as
president and three people as directors to be in charge of marketing, operations, and finance
respectively, who shall not be members of the board, but who shall be legal Louisiana
residents.
Proposed law replaces provisions in present law so that one person may be appointed
executive director; three people may be appointed vice presidents to be in charge of
marketing, operations, and finance respectively, who shall not be members of the board, but
who shall be legal Louisiana residents.
Present law provides that the secretary-treasurer shall furnish such bonds as may be required
by the board of commissioners. The premium on the bond shall be paid out of the operating
funds of the district. The president shall be the chief executive officer of the district, shall
manage its affairs and operation, subject to the rules and regulations and bylaws adopted by
the council and the board. The president and three vice presidents shall receive such salary
and office expense allowance, if any, as shall be fixed and determined by the board of
commissioners. SB NO. 227
SLS 10RS-351 ORIGINAL
Page 19 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law retains present law but changes the chief executive officer of the district from
the president to the executive director and changes the designation of vice president to
directors.
Present law provides that the board of the district shall prepare, or cause to be prepared a
plan or plans, such plan or plans being hereinafter referred to collectively as the plan,
specifying the public improvements, projects, facilities, and services proposed to be
furnished, provided, constructed or acquired, for the district, and it shall conduct such public
hearings, publish such notice with respect thereto and disseminate such information as it in
the exercise of its sound discretion may deem to be appropriate or advisable and in the public
interest.
Proposed law retains present law and provides that the board may prepare a plan as often and
at such time or times as the board of commissioners of the district may deem to be necessary
or advisable.
Present law provides that the board of the district shall also submit its plan to the planning
commission of the city of New Orleans. The planning commission shall review and consider
the plan in order to determine whether or not it is consistent with the comprehensive plan
for the city of New Orleans, and shall within 30 days following receipt thereof submit to the
city council its written opinion as to whether or not the plan or any portion or detail thereof
is inconsistent with the comprehensive plan for the city, together with its written comments
and recommendation with respect thereto to the board of commissioners of the district.
Proposed law changes present law to provide that the board commissioners of the district
shall also submit its plan to the New Orleans City Council for review and comment as to
whether the plan is consistent with city of New Orleans' comprehensive plans. Within 30
days of receipt of the proposed plan, the New Orleans City Council shall submit its written
as to whether or not the plan or any portion or detail thereof is inconsistent with the
comprehensive plan for the city of New Orleans, together with its written comments with
respect thereto to the board of commissioners of the district.
Present law provides that after receipt of the plan together with the written comments and
recommendations of the city planning commission, the council shall review and consider the
plan, together with such written comments and recommendations. The council may by a
majority vote of its members adopt or reject the plan as originally submitted by the board,
or it may alter or modify the plan or any portion or detail thereof, but only by a majority vote
of all of its members. If the plan as originally submitted by the board is adopted by a
majority vote of the council, it shall become final and conclusive and may thereafter be
implemented. If the council alters or modifies the plan by a majority vote of its members,
the plan so altered or modified shall be resubmitted to the board of the district for its
concurrence or rejection. The board of the district may concur in such modified plan by a
majority vote of all of its members. If the board so votes to concur in the plan as modified
by the council, it shall notify the council in writing of its action. Thereafter, and as often and
at such time or times as the board may deem to be necessary or advisable, it shall prepare,
or cause to be prepared, a plan or plans and submit the same to the city planning commission
in accordance with the same procedure prescribed with respect to the original plan. The city
planning commission shall, in turn, submit such plan, together with its written comments and
recommendations to the council for its adoption, modification or rejection in the same
manner and with the same effect as provided with respect to the original plan submitted, as
aforesaid. SB NO. 227
SLS 10RS-351 ORIGINAL
Page 20 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law changes present law to provide that after receipt of the comments of the New
Orleans City Council, the board of commissioners of the district shall review and consider
the plan together with the written comments. The board shall thereafter modify the proposed
plan based on such comments and proceed with implementation of the modified proposed
plan.
Present law provides that all services to be furnished within the district pursuant to any plan
finally and conclusively adopted hereunder, shall be furnished and supplied by the city of
New Orleans through its regularly constituted departments, agencies, boards, commissions,
and instrumentalities as appropriate in the circumstances. Provides that all capital
improvements, projects and facilities to be acquired, constructed or provided within the
district, whether from the proceeds of bonds or otherwise, shall likewise be so acquired,
constructed, or provided by the city of New Orleans through its regularly constituted
departments, agencies, boards, commissions, and instrumentalities as appropriate in the
circumstances, it being the intent hereof to avoid duplication of administrative and
management efforts and expense in the implementation of any plan adopted for the benefit
of the district. In order to provide such public services and provide, construct or acquire such
capital improvements, projects and facilities the board, upon the recommendation of its
executive director, may enter into contracts with the city of New Orleans. The cost of any
such public services, projects, capital improvements and facilities shall be paid to the city
of New Orleans out of the proceeds of the special tax levied upon real property within the
district as herein provided, or from the proceeds of bonds, as the case may be.
Proposed law changes present law to provide that all public services to be furnished within
the district pursuant to any plan finally and conclusively adopted hereunder, shall be
furnished and supplied by the city of New Orleans through its regularly constituted
departments, agencies, boards, commissions, and instrumentalities as appropriate in the
circumstances. In order to provide such public services the district may enter into contracts
with the city of New Orleans.
Present law provides that the principal amount of bonds which may be outstanding and
unpaid at any one time in the district shall never exceed the sum of $50,000,000.
Proposed law deletes present law.
Present law provides that the Board of Liquidation, City Debt, as organized and created, and
with the powers, duties and functions prescribed by existing laws, shall be continued so long
as any bonds authorized are outstanding and unpaid.
Proposed law deletes present law.
Present law provides that the district may acquire, purchase, lease as lessee and hold and use
any property, real, personal, or mixed, tangible or intangible, or any interest therein
necessary or desirable for carrying out the purposes of the district, and to sell, lease as lessor,
transfer, or dispose of any property or interest therein acquired by it.
Proposed law retains present law and provides that the district may also transfer or convey
any property or interest acquired by it.
Proposed law provides that the district may lease or sublease, as lessor or lessee or sublessor
or subleasee, all or portion of any property at a fixed or variable rental without advertisement
for public bids.
Proposed law provides that the district may enter into agreements of any nature with any
person or persons, natural or artificial, corporation, association or other entity, including
public corporations, political subdivisions, municipalities, the United States government and
agencies thereof, or any combination thereof or with instrumentalities of every kind, for the
operation of the district, including all or any part of the properties and facilities thereof. SB NO. 227
SLS 10RS-351 ORIGINAL
Page 21 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that the district in its own name and behalf, to incur debt, and issue
general obligation bonds for the establishment, operation, and maintenance of district
property as an industrial park or to carry out the other public purposes without election, to
issue revenue bonds, borrow money, and issue certificates of indebtedness, notes, and other
debt obligations as evidence thereof and provide for the manner and method of repayment.
Proposed law provides that the district may require and issue licenses, to regulate the
imposition of fees and rentals charged by the district for services rendered by it or fees or
rentals charged for use of privately-owned facilities located on district property when such
facilities are offered for use by the public or by a private industrial, commercial, research,
or other economic development entity or activity.
Proposed law provides that district may develop, activate, construct, exchange, acquire,
expropriate, improve, repair, operate, maintain, lease, mortgage, sell, and pledge movable
and immovable property, servitudes, facilities, and works under such terms and conditions
as the district may deem necessary or appropriate for any public purpose, including industrial
and commercial development.
Proposed law provides that the district may incur debt for any one or more of its lawful
purposes, to issue in its name negotiable bonds, notes, certificates of indebtedness, or other
evidences of debt and to provide for the security and payment thereof.
Proposed law provides that the district may issue, or secure the issuance of, refunding bonds
to refund any outstanding bonds issued. Such refunding bonds may be exchanged for the
outstanding bonds or may be sold and the proceeds applied to the purchase, redemption, or
payment of the outstanding bonds or deposited in escrow for the retirement of such bonds.
The refunding bonds shall be authorized in all respects as original bonds are required to be
authorized, and the district, in authorizing the refunding bonds, shall provide for the security
of the bonds, the sources from which the bonds are to be paid and for the rights of the
holders thereof in all respects as herein provided for other bonds issued under the authority
of present law. The district may also provide that the refunding bonds shall have the same
priority of lien on the taxes, income, and revenues pledged for their payment as was enjoyed
by the bonds refunded.
Proposed law provides that the district may borrow the amount of the anticipated ad valorem
tax the district is authorized to levy here under, not to exceed ten mills, for a period not to
exceed 20 years and may issue certificates of indebtedness therefor and may dedicate the
avails of the tax for the payment thereof for the period of time the certificates are
outstanding.
Proposed law provides that the district may appoint officers, agents, and employees and
prescribe their duties and fix their compensation which shall be payable out of district funds.
Proposed law provides that the district may use or allow the use of any facilities, land and
improvements within the district or ever owned or leased by the district for any lawful
purpose.
Proposed law provides that the board of commissioners of the district shall be the
appropriate governing body for all purposes provided in the Louisiana Enterprise Zone Act,
within the area comprised of property owned and formerly owned by the district, and shall
have the power to perform all acts specified by applicable laws and regulations to achieve
such purpose.
Proposed law provides that for a period of 30 days from the date of publication of any
resolution or ordinance authorizing the issuance of any bonds, certificates of indebtedness,
notes, or other evidence of debt of the district, any interested person may contest the legality
of such resolution or ordinance and the validity of such bonds, certificates of indebtedness,
notes, or other evidence of debt issued or proposed to be issued and the security of their SB NO. 227
SLS 10RS-351 ORIGINAL
Page 22 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
payment, after which time no one shall have any cause of action to contest the legality of the
resolution or ordinance or to draw in question the legality of the bonds, certificates of
indebtedness, notes, or other evidence of debt, the security therefor, or the debts represented
thereby for any cause. It shall be conclusively presumed that every legal requirement has
been complied with, and no court shall have authority to inquire into such matters after the
lapse of 30 days .
Proposed law provides that the issuance and sale of such bonds, certificates of indebtedness,
notes, or other evidence of debt by the district shall be subject to approval by the State Bond
Commission.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:4701(A), 4702(B)(1), (2),(4) and (6) (b), (C), (E)(1), (4) and (5), (F), (G),
(H), and (I), 4703(A) and (C) and 4706(A) and (B); adds R..S. 33:4701(C), 4702(B)(3) and
(D), and 4706(C) and (D); repeals R.S. 33:4702(J))