SLS 10RS-892 ORIGINAL Page 1 of 16 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. 611 BY SENATOR DORSEY SPECIAL DISTRICTS. Provides relative to the River Park Development District (gov sig) AN ACT1 To enact R.S. 33:9038.64, relative to cooperative and economic development in East Baton2 Rouge Parish; to create the River Park Development District, a political subdivision3 of the state of Louisiana; to provide for the boundaries of the district; to provide for4 the governance of the district; to provide for the authority, powers, duties, and5 function of the governing body; to provide for the levy and collection of taxes and6 special assessments within the district; to provide for the authority to create7 subdistricts within the district; to authorize the district to issue and sell bonds; to8 authorize the district to engage in tax increment financing; to provide for the duration9 of the district; and to provide for related matters.10 Notice of intention to introduce this Act has been published.11 Be it enacted by the Legislature of Louisiana:12 Section 1. R.S. 33:9038.64 is hereby enacted to read as follows:13 §9038.64. River Park Development District14 A. Creation. There is hereby created in the city of Baton Rouge, parish15 of East Baton Rouge, hereinafter referred to as the "city-parish," the River16 Park Development District, a body politic and corporate of the state, referred17 SB NO. 611 SLS 10RS-892 ORIGINAL Page 2 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. to in this Section as the "district." The district shall be a political subdivision1 of the state and the district is hereby granted all of the rights, powers, privileges2 and immunities accorded by law and the Constitution of Louisiana to political3 subdivisions of the state, subject to the limitations provided in this Section.4 B. Boundaries. The district shall be comprised of the following described5 parcels or tracts of land located in the city-parish, referred to in this Section as6 the "property":7 That certain tract or parcel of land containing 59.666 acres and8 comprised of four (4) contiguous tracts of land situated in Sections 40, 42 and9 44, Township 7 South, Range 1 West, Greensburg District of Louisiana, Parish10 of East Baton Rouge, State of Louisiana, fronting on the Mississippi River,11 being more particularly described as follows:12 TRACT I: That certain tract or parcel of land and all the rights, ways,13 privileges, servitudes, advantages and appurtenances hereto belonging or in14 anywise appertaining, including all accretion, alluvion, batture and sandbars,15 resulting from reliction or dereliction, the opening of new channels or the16 changes of water courses of the Mississippi River, situated in Section 42 and 44,17 Township 7 South, Range 1 West, Greensburg District of Louisiana, Parish of18 East Baton Rouge, State of Louisiana, fronting on the Mississippi River, being19 more particularly described as follows:20 Commence at the Northeast corner of Square 50, said Square being21 bounded by the Capitol Grounds property on the North, Lafayette Street on the22 East, North Street on the South and the Mississippi River on the West; thence23 South 88º 36' 19" West along the northerly line of aforesaid Square 50, a24 distance of 366.64 feet to a point on the Westerly line of the Illinois Central25 Railroad Right of Way, said point is marked by ½' iron rod; thence continue26 along the aforesaid line in a Northerly direction along a nontangent curve to the27 right having a radius of 3401.87 feet, a distance of 46.18 feet, the nontangent28 curve has a chord bearing of North 08º 17' 57" East and a chord distance of29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 3 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 46.17 feet; thence continue along the aforesaid line in a Northerly direction1 along a tangent curve to the left having a radius of 7165.15 feet, a distance of2 540.41 feet, the tangent curve has a chord bearing of North 06º 31' 38" East and3 a chord distance of 540.26 feet; thence continue along the aforesaid line, North4 04º 22' 00" East a distance of 994.37 feet to the intersection with a tangent5 curve; thence continue along the aforesaid line in a Northerly direction along6 a tangent curve to the right having a radius of 5779.58 feet, a distance of 240.417 feet, the tangent curve has a chord bearing of North 05º 33' 30" East and a8 chord distance of 240.00 feet; thence continue along the aforesaid line North 06º9 45' 00" East, a distance of 70.87 feet to the POINT OF BEGINNING marked10 by ½' iron rod; thence North 83º 44' 00" West a distance of 660.00 feet to a11 Mean Low Water Line, (Elevation 2.66'NGVD); thence, meander the Mean Low12 Water Line (Elevation 2.66' NGVD), along the following courses and distances:13 North 05/ 29' 55" West, 122.10 feet; North 03/ 56' 55" West, 100.01 feet; North14 01/ 18' 12" West, 305.16 feet; thence, leaving the Mean Low Water Line15 (Elevation 2.66 feet NGVD) along a course of North 87/ 50' 00 East, a distance16 of 742.50 feet to a point on the Westerly line of the Illinois Central Railroad17 Right of Way, said point is marked by ½" iron rod; thence North 06/ 45' 00"18 West along the aforesaid Right of Way line a distance of 631.00 feet to the19 POINT OF BEGINNING. This description is based on the survey entitled20 "Map Showing an As-Built Survey of Tract B-1, an 8.9 ± Acre Tract, & a 9.29021 Acre Tract Located in Section 42 & 44 T-7-S R-1-W Greensburg Land District22 East Baton Rouge Parish Louisiana for Louisiana Casino Cruises, Inc." dated23 April 11, 2001 and made by Chenevert Songy Rodi Soderberg, Inc.24 TRACT II: That certain tract or parcel of land and all the rights ways25 privileges, servitudes, advantages and appurtenances hereto belonging or in26 anywise appertaining, including all accretion, alluvion, batture and sandbars,27 resulting from reliction or dereliction, the opening of new channels or the28 changes of water courses of the Mississippi River, situated in Section 42 and 44,29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 4 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Township 7 South, Range 1 West, Greensburg District of Louisiana, Parish of1 East Baton Rouge, State of Louisiana, fronting on the Mississippi River, being2 more particularly described as follows:3 Commencing at the intersection of the common boundary between4 Sections 42 and 44, T7S-R1W, East Baton Rouge Parish, and the western5 boundary of the Illinois Central Right of Way; thence proceed North 6º 45' 0"6 East a distance of 251.25' to the POINT OF BEGINNING; thence proceed7 South 87/ 50' 0" West a distance of 742.50 feet to the mean low water line of the8 Mississippi River; thence proceed North 01/ 18' 11" West along the mean low9 water line of the Mississippi River to the Northern boundary of the property;10 thence proceed North 87/ 50' 0" East a distance of 812.87 feet to a point and11 corner; thence proceed South 6/ 45'0" West a distance of 502.25 feet to the12 POINT OF BEGINNING. All as more particularly shown on a survey entitled13 "Map Showing an As-Built Survey of Tract B-1, an 8.9 ± Acre Tract, & a 9.29014 Acre Tract Located in Section 42 & 44 T-7-S R-1-W Greensburg Land District15 East Baton Rouge Parish Louisiana for Louisiana Casino Cruises, Inc." dated16 April 11, 2001 and made by Chenevert Songy Rodi Soderberg, Inc.17 TRACT III: Tract B-1, Hunnington Heights, containing 5.176 acres,18 located in Section 42, Township 7 South, Range 1 West, GLD, East Baton Rouge19 Parish, Louisiana, more particularly described and having such measurements20 as dimensions and being subject to such servitudes as are shown on the map21 entitled "Map Showing Resubdivision of Tract 'A' & Tract 'B' into Tract 'A-1'22 & Tract 'B-1', Hunnington Heights, located in Section 42, Township 7 South,23 Range 1 West, GLD, East Baton Rouge Parish, Louisiana", prepared by Tatum24 Engineering Consultants, dated September 15, 1998.25 TRACT IV: That certain lot or parcel of ground together with all26 building and improvements located thereon, and all of the rights, ways,27 privileges, servitudes, prescriptions, appurtenances and advantages thereunto28 belonging, or in anywise appertaining, containing 36.3 acres more or less,29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 5 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. located in Sections 40 and 42 Township 7-S, Range 1-W Greensburg Land1 District, East Baton Rouge Parish, Louisiana and being more particularly2 described as follows: Commence at the intersection of the Section 40 and 423 section line and the western boundary of the Illinois Central Rail Road Right4 of Way; thence proceed N06/45'00"E a distance of 543.9' to a point and corner;5 thence proceed N07/33'30"W a distance of 595.90' to a point and corner; thence6 proceed S88/00'00"W a distance of 938.80' to the low water line of the7 Mississippi River to a point and corner; thence meander the low water line of8 the Mississippi River southerly to a point which is S00/52'52"W a distance of9 approximately 1846.40' for a point and corner; thence proceed N87/50'01"E a10 distance of 177.77' to a point and corner; thence proceed N02/10'00"W a11 distance of 370.00' to a point and corner; thence proceed S82/12'42"E a distance12 of 768.77' to a point and corner; thence proceed N06/45'00"E a distance of13 479.16' to the point of beginning. All as more particularly shown on a Map14 Showing Resubdivision of Tract "A-1 into Tracts "A-1-A" and A-1-B" Located15 in Section 40 and 42, T-7-S, R-1-W, Greensburg Land District, East Baton16 Rouge Parish Louisiana for River Park Development, LLC and River Yaun,17 LLC, dated January 3, 2008, made by Pyburn & Odom MCA, Karam J.18 Thomas, P.L.S.19 C. Purpose. The district is created to provide for cooperative economic20 and community development among the district, the city-parish, the state and21 the owners of property in the district, in order to assist in the redevelopment of,22 and dramatic improvement to, the property within the area of the district.23 D. Governance. (1) In order to provide for the orderly development of24 the district and effectuation of the purposes of the district, the district shall be25 administered and governed by a board of commissioners, referred to in this26 Section as the "board," comprised of five persons appointed by the mayor-27 president of the city-parish with the concurrence of a majority of the city-parish28 council then present and voting.29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 6 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (2) Each member appointed to the board shall be a citizen of the United1 States. At all times, at least one member of the board shall own property within2 the district or be the designee of a private entity that owns property within the3 district.4 (3)(a) Members of the board shall serve terms of five years after the5 initial terms as provided in Subparagraph (b) of this Paragraph.6 (b) One member, as designated by the mayor-president, shall serve a7 term that shall expire on December 31, 2011. One member, as designated by the8 mayor-president, shall serve a term that shall expire on December 31, 2012.9 One member, as designated by the mayor-president, shall serve a term that10 shall expire on December 31, 2013. One member, as designated by the mayor-11 president, shall serve a term that shall expire on December 31, 2014. One12 member, as designated by the mayor-president, shall serve a term that shall13 expire on December 31, 2015.14 (4) Upon expiration of the term of any member of the board, such15 member shall continue to serve until reappointed or a successor is duly16 appointed. Any vacancy in the membership of the board, occurring either by17 reason of death, resignation, or otherwise, shall be filled in the manner of the18 original appointment. If such appointment to fill a vacancy does not take place19 within sixty days, the board shall appoint an interim successor to serve until the20 position is filled by the appointing entity.21 (5) Any member of the board may be removed by a three-fourths vote22 of the remaining membership of the board for cause, which cause may include23 failure to attend at least one-half of the meetings of the board in a calendar24 year.25 (6) The members of the board shall serve without salary or per diem.26 The board may reimburse any member for reasonable, actual and necessary27 expenses incurred in the performance of his duties pursuant to this Section.28 (7) The board shall elect from its members a president, a vice president,29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 7 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. a secretary, and a treasurer, whose duties shall be those common to such offices.1 At the option of the board, the offices of secretary and treasurer may be held by2 one person.3 (8) The board shall meet in regular session once each month and shall4 also meet in special session as often as the president of the board convenes the5 board or upon the written request of three members. A majority of the6 members of the board of commissioners shall constitute a quorum for the7 transaction of business. All such meetings shall be public meetings subject to8 the provisions of R.S. 42:4.1 et seq. The board shall keep minutes of all9 meetings and shall make them available for inspection through the board's10 secretary or secretary-treasurer, who shall also maintain the minute books and11 archives of the district. The monies, funds, and accounts of the district shall be12 in the official custody of the board.13 (9) The domicile of the board shall be established by the board at a14 location within the district. The official journal of the district shall be the15 official journal of the city-parish.16 E. Rights and powers. The district, acting by and through its board, shall17 have and exercise all powers of a political subdivision necessary or convenient18 for the carrying out of its objects and purposes, including but not limited to the19 following:20 (1) To sue and to be sued.21 (2) To adopt, use, and alter at will a corporate seal.22 (3) To acquire by gift, grant, expropriation, purchase, or otherwise all23 property, including rights of way; to hold and use any franchise or property,24 real, personal, or mixed, tangible or intangible, or any interest therein,25 necessary or desirable for carrying out the objects and purposes of the district,26 including but not limited to the establishment, maintenance, and operation of27 industrial parks, ports, harbors, and terminals.28 (4) To enter into contracts for the purchase, acquisition, construction,29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 8 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. and improvement of works and facilities necessary in connection with the1 purposes of the district.2 (5) In its own name and on its own behalf to incur debt and to issue3 general obligation bonds, revenue bonds, special assessment bonds, certificates,4 notes, and other evidences of indebtedness and to levy and cause to be collected5 certain taxes as provided in this Section and as may be provided by general law.6 (6) To require and issue licenses with respect to its properties and7 facilities.8 (7) To regulate the imposition of fees and rentals charged by the district9 for its facilities and services rendered by it.10 (8) To borrow money and pledge all or part of its revenues, leases, rents,11 or other advantages as security for such loans.12 (9) To appoint officers, agents, and employees, prescribe their duties, and13 fix their compensation.14 (10) To exercise any and all of the powers granted to an economic15 development district as if the district were an economic development district16 established pursuant to Part II of Chapter 27 of Title 33 of the Louisiana17 Revised Statutes of 1950, including but not limited to the powers of tax18 increment financing pursuant to R.S. 33:9038.33 and 33:9038.34 and the power19 to levy taxes within the district pursuant to R.S. 33:9038.39, provided that any20 such powers exercised by the district shall be subject to the provisions of Part21 II of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950.22 (11) To exercise any and all of the powers granted to a community23 development district as if the district were a community development district24 established pursuant to Chapter 27-B of Title 33 of the Louisiana Revised25 Statutes of 1950, including but not limited to the power to levy special26 assessments on property within the district pursuant to R.S. 33:9039.29,27 provided that any such powers exercised by the district shall be subject to the28 provisions of Chapter 27-B of Title 33 of the Louisiana Revised Statutes of 1950.29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 9 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. F. Levy of Taxes. (1) It is expressly provided that any taxes levied by1 the district, or any subdistrict created by the district, may exceed the limitation2 set forth by Article VI, Section 29(A) of the Constitution of Louisiana and shall3 be imposed, collected and enforced subject to the terms of the resolution4 imposing the tax and the provisions of Chapter 2 of Subtitle II of Chapter 47 of5 the Louisiana Revised Statutes of 1950.6 (2) Any taxes or assessments of any type to be levied by the district, or7 any subdistrict created by the district, shall be levied only after the board has8 adopted an appropriate resolution giving notice of its intention to levy such9 taxes or assessments, which resolution shall include a general description of the10 taxes or assessments to be levied, and notice of this intention shall be published11 once a week for two weeks in the official journal of the district, the first12 publication to appear at least fourteen days before the public meeting of the13 board at which the board will meet in open and public session to hear any14 objections to the proposed taxes or assessments. The notice of intent so15 published shall state the date, time, and place of the public hearing. Such taxes16 or assessments may be levied only after the board has called a special election17 submitting the proposition for the levy of such taxes or assessments to the18 qualified electors of the district or subdistrict, as applicable, and the proposition19 has received the favorable vote of a majority of the electors voting in the20 election; however, in the event there are no qualified electors in the district or21 subdistrict, as applicable, as certified by the registrar of voters, no such election22 shall be required. The powers and rights conferred by this Section shall be in23 addition to the powers and rights conferred by any other general or special law.24 This Section does and shall be construed to provide a complete and additional25 method for the levy of any taxes or assessments. No election, proceeding, notice,26 or approval shall be required for the levy of such taxes or assessments except27 as provided herein.28 G. Creation of Subdistricts. The district may create subdistricts as29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 10 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. provided in this Section. The district shall publish notice of its intent to create1 a subdistrict in the official journal of the district. At least ten days after2 publication of such notice in the official journal of the district, the board shall3 conduct a public hearing on the question of creating such subdistrict.4 Thereafter, the board may designate one or more areas within the boundaries5 of the district as a subdistrict of the district. Each subdistrict shall constitute6 a political subdivision of the state and shall be governed by the board. Each7 subdistrict shall have the same powers as the district and shall be given a name8 and designated as "River Park Development District Subdistrict No. " or such9 other suitable name as the board may designate.10 H. Bonds of the District. (1) The district, or any subdistrict created by11 the district, is hereby authorized and empowered to issue and sell from time to12 time bonds, notes, renewal notes, refunding bonds, interim certificates,13 certificates of indebtedness, certificates of participation, debentures, warrants,14 commercial paper, or other obligations or evidences of indebtedness to provide15 funds for and to fulfill and achieve its public purpose or corporate purposes, as16 set forth in this Section, including but not limited to the payment of all or a17 portion of the costs of a project, to provide amounts necessary for any corporate18 purposes, including necessary and incidental expenses in connection with the19 issuance of the obligations, the payment of principal and interest on the20 obligations of the district, the establishment of reserves to secure such21 obligations, and all other purposes and expenditures of the district incident to22 and necessary or convenient to carry out its public functions or corporate23 purposes, and any credit enhancement for said obligations.24 (2) Except as may otherwise be provided by the board, all obligations25 issued by the district, or any subdistrict created by the district, shall be26 negotiable instruments and payable solely from the revenues of the district or27 subdistrict, as applicable, as determined by the board, or from any other28 sources whatsoever, that may be available to the district or subdistrict, as29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 11 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. applicable, but shall not be secured by the full faith and credit of the state or the1 city-parish.2 (3) Obligations shall be authorized, issued, and sold by a resolution or3 resolutions of the board. Such bonds or obligations may be of such series, bear4 such date or dates, mature at such time or times, bear interest at such rate or5 rates, including variable, adjustable, or zero interest rates, be payable at such6 time or times, be in such denominations, be sold at such price or prices, at7 public or private negotiated sale, after advertisement as is provided for in R.S.8 39:1426, be in such form, carry such registration and exchangeability privileges,9 be payable at such place or places, be subject to such terms of redemption, and10 be entitled to such priorities on the income, revenue, and receipts of, or11 available to, the district or subdistrict, as applicable, as may be provided by the12 board in the resolution or resolutions providing for the issuance and sale of the13 bonds or obligations of the district.14 (4) The obligations of the district, or any subdistrict created by the15 district, shall be signed by such officers of the board by either manual or16 facsimile signatures as shall be determined by resolution or resolutions of the17 board, and shall have impressed or imprinted thereon the seal of the district, or18 a facsimile thereof.19 (5) Any obligations of the district, or any subdistrict created by the20 district, may be validly issued, sold, and delivered, notwithstanding that one or21 more of the officers of the board signing such obligations, or whose facsimile22 signature or signatures may be on the obligations, shall have ceased to be such23 officer of the board at the time such obligations shall actually have been24 delivered.25 (6) Obligations of the district, or any subdistrict created by the district,26 may be sold in such manner and from time to time as may be determined by the27 district to be most beneficial, subject to approval of the State Bond Commission,28 and the district may pay all expenses, premiums, fees, or commissions, which29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 12 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. it may deem necessary or advantageous in connection with the issuance and sale1 thereof.2 (7) The board may authorize the establishment of a fund or funds for the3 creation of a debt service reserve, a renewal and replacement reserve, or such4 other funds or reserves as the board may approve with respect to the financing5 and operation of any project funded with the proceeds of such bonds and as6 may be authorized by any bond resolution, trust agreement, indenture of trust7 or similar instrument or agreement pursuant to the provisions of which the8 issuance of bonds or other obligations of the district or subdistrict may be9 authorized.10 (8) Any cost, obligation, or expense incurred for any of the purposes or11 powers of the district specified in this Section shall be a part of the project costs12 and may be paid or reimbursed as such out of the proceeds of bonds or other13 obligations issued by the district or subdistrict.14 (9) For a period of thirty days from the date of publication of the15 resolution authorizing the issuance of bonds hereunder, any persons in interest16 shall have the right to contest the legality of the resolution and the legality of the17 bond issue for any cause, after which time no one shall have any cause or right18 of action to contest the legality of said resolution or of the bonds authorized19 thereby for any cause whatsoever. If no suit, action, or proceeding is begun20 contesting the validity of the bond issue within the thirty days herein21 prescribed, the authority to issue the bonds and to provide for the payment22 thereof, and the legality thereof and all of the provisions of the resolution23 authorizing the issuance of the bonds shall be conclusively presumed, and no24 court shall have authority to inquire into such matters.25 (10) Neither the members of the board nor any person executing the26 bonds shall be personally liable for the bonds or be subject to any personal27 liability by reason of the issuance thereof. No earnings or assets of the district,28 or any subdistrict created by the district, shall accrue to the benefit of any29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 13 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. private persons. However, the limitation of liability provided for in this1 Paragraph shall not apply to any gross negligence or criminal negligence on the2 part of any member of the board or person executing the bonds.3 (11) All obligations authorized to be issued by the district, or any4 subdistrict created by the district, pursuant to the provisions of this Section,5 together with interest thereof, income therefrom, and gain upon the sale thereof6 shall be exempt from all state and local taxes.7 (12) The state and all public officers, any parish, municipality, or other8 subdivision or instrumentality of the state, any political subdivision, any bank,9 banker, trust company, savings bank and institution, building and loan10 association, savings and loan association, investment company or any person11 carrying on a banking or investment business, any insurance company or12 business, insurance association, and any person carrying on an insurance13 business, and any executor, administrator, curator, trustee, and other fiduciary,14 and any retirement system or pension fund may legally invest any sinking funds15 monies, or other funds belonging to them or within their control in any bonds16 or other obligations issued by the district, or any subdistrict created by the17 district, pursuant to the provisions of this Section, and such bonds or other18 obligations shall be authorized security for all public deposits. It is the purpose19 of this Section to authorize such persons, firms, corporations, associations,20 political subdivisions and officers, or other entities, public or private, to use any21 funds owned or controlled by them, including but not limited to sinking,22 insurance, investment, retirement, compensation, pension and trust funds, and23 funds held on deposit, for the purchase of any such bonds or other obligations24 of the district or subdistrict, and that any such bonds shall be authorized25 security for all public deposits. However, nothing contained in this Section with26 regard to legal investments or security for public deposits shall be construed as27 relieving any such person, firm, corporation, or other entity from any duty of28 exercising reasonable care in selecting securities.29 SB NO. 611 SLS 10RS-892 ORIGINAL Page 14 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. I. Term. The district shall dissolve and cease to exist upon the later to1 occur of either one year after the date on which all loans, bonds, notes, and2 other evidences of indebtedness of the district, including refunding bonds, are3 paid in full as to both principal and interest, or fifty years from the effective4 date of this Section.5 J. Liberal Construction. This Section, being necessary for the welfare6 of the state, the city-parish and its residents, shall be liberally construed to7 effect the purposes thereof.8 K. Severability. The provisions of this Section are severable. It is9 intended that if any provision of this Section should be adjudged invalid or10 unenforceable, then such provision shall be ineffective to the extent of such11 invalidity or unenforceability without invalidating the remaining provisions of12 this Section.13 Section 2. This Act shall become effective upon signature by the governor or, if not14 signed by the governor, upon expiration of the time for bills to become law without signature15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16 vetoed by the governor and subsequently approved by the legislature, this Act shall become17 effective on the day following such approval.18 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Martha S. Hess. DIGEST Proposed law creates the River Park Development District in the city of Baton Rouge as a political subdivision of the state. Provides for the boundaries of the district. Provides that the purpose of the district is to provide for cooperative economic and community development among the district, the city-parish, the state, and the owners of the property in the district, in order to assist in the redevelopment of the property within the district. Provides that the district shall be governed by a five-member board of commissioners appointed by the mayor-president of the city-parish with the concurrence of a majority of the city-parish council then present and voting. Provides for five-year terms after the initial staggered terms. Provides with respect to officers and meetings of the board. Provides that the domicile of the board shall be established by the board at a location within the district. Provides the general rights and powers of the district and its board of commissioners shall include the following: SB NO. 611 SLS 10RS-892 ORIGINAL Page 15 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (1)To sue and to be sued. (2)To adopt and use a corporate seal. (3)To acquire by gift, grant, expropriation, purchase, or otherwise all property, including rights of way; to hold and use any franchise or property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the objects and purposes of the district, including but not limited to the establishment, maintenance, and operation of industrial parks, ports, harbors, and terminals. (4)To enter into contracts for the purchase, acquisition, construction, and improvement of works and facilities. (5)To incur debt and to issue general obligation bonds, revenue bonds, special assessment bonds, certificates, notes, and other evidences of indebtedness and to levy and cause to be collected certain taxes. (6)To require and issue licenses with respect to its properties and facilities. (7)To regulate the imposition of fees and rentals charged by the district for its facilities and services rendered by it. (8)To borrow money and pledge all or part of its revenues, leases, rents, or other advantages as security for such loans. (9)To appoint officers, agents, and employees, prescribe their duties, and fix their compensation. (10)To exercise any and all of the powers granted to an economic development district, including but not limited to the powers of tax increment financing, and the power to levy taxes within the district. (11)To exercise any and all of the powers granted to a community development district, including but not limited to the power to levy special assessments on property within the district. Provides that the district may exceed the limit for sales taxes set forth in Article VI, Section 29(A) of the Constitution. Provides that taxes and assessments to be levied by the district shall be levied only after the board has adopted a resolution and giving notice at least fourteen days prior to the public meeting of the board to hear any objections to the proposed taxes or assessments. Provides that such taxes or assessments may be levied only after approval of the electors voting at a special election; however, if there are no qualified electors in the district, no election shall be required. Provides that the district may create subdistricts. Provides that the district may issue bonds, notes, certificates of indebtedness and other obligations or evidences of indebtedness. Provides that obligations shall be authorized, issued, and sold by a resolution of the board in such manner and from time to time as determined by the district, subject to approval of the State Bond Commission. Provides that for 30 days after the date of publication of the resolution authorizing the bonds, any person in interest may contest the legality of such. After 30 days, no one shall have any right to contest the legality of the resolution. SB NO. 611 SLS 10RS-892 ORIGINAL Page 16 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Provides that the district will dissolve upon the later of one year after the date on which all loans, bonds, notes, and other evidences of indebtedness of the district are paid in full or 50 years from the effective date of proposed law. Effective upon signature of the governor or lapse of time for gubernatorial action. (Adds R.S. 33:9038.64)