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Regular Session, 2010
SENATE BILL NO. 516
BY SENATOR MORRELL
MUNICIPALITIES. Provides for a recreation commission in the city of New Orleans.
(gov sig)
AN ACT1
To enact R.S. 33:4570.15 through 4570.19, relative to the city of New Orleans; to provide2
for the creation of a recreation commission; to provide relative to the powers, duties,3
and functions of the commission; to provide for the composition of the supervising4
commission; to authorize the commission to levy taxes and issue bonds; to provide5
for an effective date; and to provide for related matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 33:4570.15 through 4570.19 are hereby enacted to read as follows:9
§4570.15. The Recreation and Park Commission for the City of New Orleans;10
creation 11
There is hereby created the Recreation and Park Commission for the12
City of New Orleans, whose authority shall extend to the territorial limits of the13
city of New Orleans, as those limits are now or may hereafter be fixed and14
determined.15
§4570.16. Board of commissioners; officers; quorum; employees16
A. The commission shall be composed of three ex officio members and17 SB NO. 516
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six appointed members for a total of nine commissioners. The ex officio1
members shall be the mayor, or an officer or employee of the city or parish2
designated by the mayor from time to time; a member of the school board of3
Orleans Parish, designated by the school board for a term coincident with his4
term on the school board; and a member of the planning commission designated5
by the planning commission for a term coincident with his term on the planning6
commission. The six appointed members shall be qualified voters of the city of7
New Orleans appointed by the metropolitan council for terms of three years.8
Vacancies shall be filled by the designating or appointing body for the9
unexpired portion of the term. All commission members shall serve without10
compensation.11
B. The commission shall elect from the six appointed members a12
chairman, a vice chairman, and a treasurer whose terms of office shall be one13
year. Four members shall constitute a quorum of the commission for all14
purposes. The commission shall have the power and authority to name and15
employ a person who shall be designated as superintendent of the commission,16
who shall not be a member of the commission, and who shall be ex officio17
secretary of the commission, and to prescribe and pay an annual salary to the18
superintendent.19
§4570.17. Legal status; rights and privileges20
The commission is the legal successor of the New Orleans Recreational21
Authority and succeeds to all of the rights and obligations of the said late22
recreation authority, and to the ownership of all of the property, movable or23
immovable, tangible or intangible, owned by the said late recreation authority,24
and to all of the rights, privileges, and concessions of every kind and nature25
invested in and exercised by the said late recreation authority, by the city of26
New Orleans. The commission has the right to own and administer in the public27
welfare, and for public recreational and park purposes, the leases, concessions,28
rights, and privileges heretofore granted by the city council of the city of New29 SB NO. 516
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Orleans to the said late recreation authority and to develop and expand upon1
these leases, concessions, rights, and privileges.2
§4570.18. Powers and duties3
A. The commission shall have perpetual existence and shall have the4
right and power to incur debts and contract obligations; to sue and be sued; to5
acquire by purchase, donation, expropriation, and otherwise, from other6
political entities or from any other source, money and property, movable and7
immovable, tangible and intangible, and to own, administer, alienate, and8
otherwise dispose of the said money and property; to contract generally; to9
adopt an official seal; and generally to have and enjoy all of the rights, powers,10
and immunities incident to public corporations engaged in public recreational11
and public park purposes. The powers and duties of the commission shall be12
inclusive of the right to own and acquire, and to develop and administer, lands13
for public parks, and other properties and improvements, movable and14
immovable, tangible and intangible, as well as additional rights, leases,15
concessions, and privileges for public recreational and park purposes generally.16
The commission is invested with full power to adopt and promulgate rules and17
regulations within the scope of this Section to apply to its own governmental18
functions, and to control and regulate the public recreational and park facilities19
under its jurisdiction.20
B. The commission shall have full power and authority on its own21
motion, or upon recommendation of its superintendent, to make such studies22
and investigations as it may deem necessary in formulating policies, or in23
determining the wisdom and efficiency of policies, plans, and procedures to be24
carried out in acquiring, developing, and operating public recreational park25
facilities that will be available to all of the people of the city of New Orleans;26
and the policies and plans and procedures thus formulated shall be binding27
upon the superintendent. The superintendent shall have the power and28
authority to make recommendations as to said policies, plans, and procedures,29 SB NO. 516
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and to establish and abolish positions, to transfer duties between positions, to1
assign duties, to direct and control, transfer, promote, demote, and otherwise2
change the status of all employees of the said commission, to nominate any and3
all such employees, and to recommend the salary to be paid in each case. Such4
nominations and recommendations shall finally be passed upon by the5
commission. The commission shall not act in the actual administration of public6
recreation and park facilities except through the superintendent, or through7
someone acting under this authority, and every lawful act of the superintendent8
performed in his capacity as superintendent pursuant to the provisions of this9
Section and the rules and regulations of the commission shall be the act of the10
commission.11
C. For the purpose of acquiring and developing land and other property12
as public park areas or for public recreational purposes, the commission shall13
have the right to expropriate property in the same manner and by the same14
proceedings and under the same limitations now invested in and imposed by law15
on railroads and other quasi-public corporations.16
§4570.19. Corporate status; bonds; taxes; collections17
A. The commission shall be a subdivision of the state of Louisiana within18
the meaning of the state law relating to the incurring of debt and issuing19
negotiable bonds and levying a tax to provide for the servicing of said bonds in20
principal and interest, as is hereinafter provided in detail, providing that where21
any proposal is made by the commission to incur debt or issue negotiable bonds22
therefor the said bond shall run for a period not to exceed forty years, and for23
the interest rate not to exceed the maximum rate prescribed by law, and24
provided further that where any such bonds are authorized, as hereinafter25
provided, the proceeds thereof shall be used by the commission to purchase26
lands and properties as park areas, and purchase other recreational properties27
and facilities, or to develop such park areas and recreational facilities, so as to28
make them available to all of the people of the parish.29 SB NO. 516
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B. In addition to the foregoing, and in accordance with the provisions1
of Article VI, Section 32 of the Constitution of Louisiana and any other2
applicable provisions of the constitution and laws of the state, the commission3
may impose and collect from year to year taxes upon all of the taxable property4
carried on the assessment roles of the city of New Orleans which in the5
aggregate and exclusive of any taxes levied to pay debt service on bonds of the6
commission shall not exceed eighteen mills on the dollar of assessed value as the7
commission shall determine and the proceeds of any such tax shall be used in8
acquiring, developing, maintaining, and operating the public parks and9
recreational properties and facilities of the commission and in making available10
funds for the operating budget.11
C. No new tax of the commission shall be levied and no bonds shall be12
issued herein except upon approval of the qualified electors of the city of New13
Orleans who voted in a special election held in accordance with the provisions14
of the Louisiana Election Code.15
D. Any tax voted by the people as herein provided, and as that tax may16
hereafter be fixed by the commission under the authority thus obtained, either17
independently, or for bond purposes, as above set forth, shall be carried upon18
the assessment roles of the parish as are other tax assessments, and shall be19
collected by the sheriff and ex officio tax collector of the parish at the same time20
and in the same manner as other taxes, with the proceeds to be delivered by the21
sheriff to the treasurer of the commission, to be deposited and administered by22
the commission for the purposes herein shown. The treasurer and all other23
officers and employees of the commission who actually receive any money or24
deposits or who disburse or handle the funds of the commission or any part or25
portion thereof shall be required to post bond, in the same manner and for such26
amount as is now required by other public officials, the cost of any such bonds27
to be provided by the commission.28
Section 2. This Act shall become effective upon signature by the governor or, if not29 SB NO. 516
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signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Proposed law provides for the creation of the Recreation and Park Commission for the city
of New Orleans as a political subdivision of the state. The boundaries of the authority will
be the same as the boundaries of the city of New Orleans. The authority will be responsible
for the acquisition, construction, development, maintenance, and operation of parks and
recreational facilities and programs in the city of New Orleans.
Proposed law provides that the commission will elect from the six appointed members a
chairman, a vice chairman, and a treasurer whose terms of office will be one year. Four
members will constitute a quorum of the commission. The commission will have the power
and authority to name and employ a person who will be designated as superintendent of the
commission.
Proposed law provides that the commission is the legal successor of the New Orleans
Recreational Authority and succeeds to all of the rights and obligations of the late recreation
commission, and to the ownership of all of the property, movable or immovable, tangible
or intangible, owned by the late recreation commission, and to all of the rights, privileges,
and concessions of every kind and nature invested in and exercised by the late recreation
commission, by the city of New Orleans. The commission has the right to own and
administer in the public welfare, and for public recreational and park purposes, the leases,
concessions, rights, and privileges heretofore granted by the late commission council and
expand upon these leases, concessions, rights, and privileges.
Proposed law provides that the commission will have perpetual existence and will have the
right and power to incur debts and contract obligations; to sue and be sued; to acquire by
purchase, donation, expropriation, and otherwise, from other political entities or from any
other source, money and property, movable and immovable, tangible and intangible, and to
own, administer, alienate, and otherwise dispose of the said money and property; to contract
generally; to adopt an official seal; and generally to have and enjoy all of the rights, powers,
and immunities incident to public corporations engaged in public recreational and public
park purposes. The powers and duties of the commission will be inclusive of the right to
own and acquire, and to develop and administer, lands for public parks, and other properties
and improvements, movable and immovable, tangible and intangible, as well as additional
rights, leases, concessions, and privileges for public recreational and park purposes
generally.
Proposed law provides that the commission will have full power and authority to make such
studies and investigations as it may deem necessary in formulating policies, or in
determining the wisdom and efficiency of policies, plans, and procedures to be carried out
in acquiring, developing, and operating public recreational park facilities; and the policies
and plans and procedures formulated will be binding upon the superintendent.
Proposed law provides that the superintendent will have the power and authority to make
recommendations as to policies, plans, and procedures, and to establish and abolish
positions, to transfer duties between positions, to assign duties, to direct and control, SB NO. 516
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transfer, promote, demote, and otherwise change the status of all employees of the
commission, to nominate employees, and to make salary recommendations. The commission
should not act in the actual administration of public recreation and park facilities except
through the superintendent, or through someone acting under this authority, and every lawful
act of the superintendent performed in his capacity as superintendent will be the act of the
commission.
Proposed law provides that the commission will have the right to expropriate property in the
same manner and by the same proceedings and under the same limitations now invested in
and imposed by law on railroads and other quasi-public corporations.
Proposed law provides that the commission will be a subdivision of the state of Louisiana
within the meaning of the state law relating to the incurring of debt and issuing negotiable
bonds and levying a tax to provide for the servicing of said bonds in principal and interest,
providing that where any proposal is made by the commission to incur debt or issue
negotiable bonds, the bond will run for a period not to exceed 40 years, and for the interest
rate not to exceed the maximum rate prescribed by law, and provided further that where any
such bonds are authorized, the proceeds will be used by the commission to purchase lands
and properties as park areas, and purchase other recreational properties and facilities, or to
develop such park areas and recreational facilities, so as to make them available to all of the
people of the parish.
Proposed law provides that, the commission may impose and collect from year to year taxes
upon all of the taxable property carried on the assessment roles of the city of New Orleans
which in the aggregate and exclusive of any taxes levied to pay debt service on bonds of the
commission will not exceed 18 mills on the dollar of assessed value as the commission will
determine and the proceeds of any such tax will be used in acquiring, developing,
maintaining, and operating the public parks and recreational properties and facilities of the
commission and in making available funds for the operating budget.
Proposed law provides that no new tax of the commission will be levied and no bonds will
be issued herein except upon approval of the qualified electors of the city of New Orleans
who voted in a special election.
Proposed law provides that any tax voted by the people, and as that tax may hereafter be
fixed by the commission under the authority thus obtained, either independently, or for bond
purposes, will be carried upon the assessment roles of the parish as are other tax
assessments, and will be collected by the sheriff and ex officio tax collector of the parish at
the same time and in the same manner as other taxes, with the proceeds to be delivered by
the sheriff to the treasurer of the commission, to be deposited and administered by the
commission for the purposes herein shown. The treasurer and all other officers and
employees of the commission who actually receive any money or deposits or who disburse
or handle the funds of the commission or any part or portion thereof will be required to post
bond, in the same manner and for such amount as is now required by other public officials,
the cost of any such bonds to be provided by the commission.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 33:4570.15 - 4570.19)