Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB611 Engrossed / Bill

                    SLS 10RS-892	REENGROSSED
Page 1 of 15
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	REENGROSSED
Page 2 of 15
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
Commencing at the intersection of the common boundary between21
Sections 42 and 44, T7S-R1W, East Baton Rouge Parish, and the western22
boundary of the Illinois Central Right of Way; thence proceed North 6º 45' 0"23
East a distance of 251.25' to the POINT OF BEGINNING; thence proceed24
South 87/ 50' 0" West a distance of 742.50 feet to the mean low water line of the25
Mississippi River; thence proceed North 01/ 18' 11" West along the mean low26
water line of the Mississippi River to the Northern boundary of the property;27
thence proceed North 87/ 50' 0" East a distance of 812.87 feet to a point and28
corner; thence proceed South 6/ 45'0" West a distance of 502.25 feet to the29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 3 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
POINT OF BEGINNING. All as more particularly shown on a survey entitled1
"Map Showing an As-Built Survey of Tract B-1, an 8.9 ± Acre Tract, & a 9.2902
Acre Tract Located in Section 42 & 44 T-7-S R-1-W Greensburg Land District3
East Baton Rouge Parish Louisiana for Louisiana Casino Cruises, Inc." dated4
April 11, 2001 and made by Chenevert Songy Rodi Soderberg, Inc.5
TRACT II: Tract B-1, Hunnington Heights, containing 5.176 acres,6
located in Section 42, Township 7 South, Range 1 West, GLD, East Baton Rouge7
Parish, Louisiana, more particularly described and having such measurements8
as dimensions and being subject to such servitudes as are shown on the map9
entitled "Map Showing Resubdivision of Tract 'A' & Tract 'B' into Tract 'A-1'10
& Tract 'B-1', Hunnington Heights, located in Section 42, Township 7 South,11
Range 1 West, GLD, East Baton Rouge Parish, Louisiana", prepared by Tatum12
Engineering Consultants, dated September 15, 1998.13
TRACT III: That certain lot or parcel of ground together with all14
building and improvements located thereon, and all of the rights, ways,15
privileges, servitudes, prescriptions, appurtenances and advantages thereunto16
belonging, or in anywise appertaining, containing 36.3 acres more or less,17
located in Sections 40 and 42 Township 7-S, Range 1-W Greensburg Land18
District, East Baton Rouge Parish, Louisiana and being more particularly19
described as follows: Commence at the intersection of the Section 40 and 4220
section line and the western boundary of the Illinois Central Rail Road Right21
of Way; thence proceed N06/45'00"E a distance of 543.9' to a point and corner;22
thence proceed N07/33'30"W a distance of 595.90' to a point and corner; thence23
proceed S88/00'00"W a distance of 938.80' to the low water line of the24
Mississippi River to a point and corner; thence meander the low water line of25
the Mississippi River southerly to a point which is S00/52'52"W a distance of26
approximately 1846.40' for a point and corner; thence proceed N87/50'01"E a27
distance of 177.77' to a point and corner; thence proceed N02/10'00"W a28
distance of 370.00' to a point and corner; thence proceed S82/12'42"E a distance29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 4 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of 768.77' to a point and corner; thence proceed N06/45'00"E a distance of1
479.16' to the point of beginning. All as more particularly shown on a Map2
Showing Resubdivision of Tract "A-1 into Tracts "A-1-A" and A-1-B" Located3
in Section 40 and 42, T-7-S, R-1-W, Greensburg Land District, East Baton4
Rouge Parish Louisiana for River Park Development, LLC and River Yaun,5
LLC, dated January 3, 2008, made by Pyburn & Odom MCA, Karam J.6
Thomas, P.L.S.7
C. Purpose. The district is created to provide for cooperative economic8
and community development among the district, the city-parish, the state and9
the owners of property in the district, in order to assist in the redevelopment of,10
and dramatic improvement to, the property within the area of the district.11
D. Governance. (1) In order to provide for the orderly development of12
the district and effectuation of the purposes of the district, the district shall be13
administered and governed by a board of commissioners, referred to in this14
Section as the "board", comprised as follows:15
(a) The mayor-president of the city-parish shall appoint two persons,16
subject to the concurrence of a majority of the city-parish council then present17
and then voting.18
 (b) The member of the Louisiana House of Representatives whose19
district encompasses all or the greater portion of the area of the district shall20
appoint one person.21
(c) The member of the Louisiana Senate whose district encompasses all22
or the greater portion of the area of the district shall appoint one person.23
(d) The Executive Director of the Downtown Development District or his24
designee.25
(2) Each member appointed to the board shall be a citizen of the United26
States. At all times, at least one member of the board shall own property within27
the district or be the designee of a private entity that owns property within the28
district.29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 5 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3)(a) Members of the board shall serve terms of five years after the1
initial terms as provided in Subparagraph (b) of this Paragraph.2
(b) One member, as designated by the mayor-president, shall serve a3
term that shall expire on December 31, 2011. One member, as designated by the4
mayor-president, shall serve a term that shall expire on December 31, 2012.5
One member, as designated by the mayor-president, shall serve a term that6
shall expire on December 31, 2013. One member, as designated by the mayor-7
president, shall serve a term that shall expire on December 31, 2014.  One8
member, as designated by the mayor-president, shall serve a term that shall9
expire on December 31, 2015.10
(4) Upon expiration of the term of any member of the board, such11
member shall continue to serve until reappointed or a successor is duly12
appointed. Any vacancy in the membership of the board, occurring either by13
reason of death, resignation, or otherwise, shall be filled in the manner of the14
original appointment. If such appointment to fill a vacancy does not take place15
within sixty days, the board shall appoint an interim successor to serve until the16
position is filled by the appointing entity.17
(5) Any member of the board may be removed by a three-fourths vote18
of the remaining membership of the board for cause, which cause may include19
failure to attend at least one-half of the meetings of the board in a calendar20
year.21
(6) The members of the board shall serve without salary or per diem.22
The board may reimburse any member for reasonable, actual and necessary23
expenses incurred in the performance of his duties pursuant to this Section.24
(7) The board shall elect from its members a president, a vice president,25
a secretary, and a treasurer, whose duties shall be those common to such offices.26
At the option of the board, the offices of secretary and treasurer may be held by27
one person.28
(8) The board shall meet in regular session once each month and shall29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 6 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
also meet in special session as often as the president of the board convenes the1
board or upon the written request of three members. A majority of the2
members of the board of commissioners shall constitute a quorum for the3
transaction of business.  All such meetings shall be public meetings subject to4
the provisions of R.S. 42:4.1 et seq.  The board shall keep minutes of all5
meetings and shall make them available for inspection through the board's6
secretary or secretary-treasurer, who shall also maintain the minute books and7
archives of the district. The monies, funds, and accounts of the district shall be8
in the official custody of the board.9
(9) The domicile of the board shall be established by the board at a10
location within the district. The official journal of the district shall be the11
official journal of the city-parish.12
E. Rights and powers. The district, acting by and through its board, shall13
have and exercise all powers of a political subdivision necessary or convenient14
for the carrying out of its objects and purposes, including but not limited to the15
following:16
(1) To sue and to be sued.17
(2) To adopt, use, and alter at will a corporate seal.18
(3) To acquire by gift, grant, purchase, or otherwise all property,19
including rights of way; to hold and use any franchise or property, real,20
personal, or mixed, tangible or intangible, or any interest therein, necessary or21
desirable for carrying out the objects and purposes of the district, including but22
not limited to the establishment, maintenance, and operation of industrial23
parks, ports, harbors, and terminals.24
(4) To enter into contracts for the purchase, acquisition, construction,25
and improvement of works and facilities necessary in connection with the26
purposes of the district.27
(5) In its own name and on its own behalf to incur debt and to issue28
revenue bonds, special assessment bonds, certificates, notes, and other evidences29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 7 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of indebtedness and to levy and cause to be collected certain taxes as provided1
in this Section and as may be provided by general law.2
(6) To regulate the imposition of fees and rentals charged by the district3
for its facilities and services rendered by it.4
(7) To borrow money and pledge all or part of its revenues, leases, rents,5
or other advantages as security for such loans.6
(8) To appoint officers, agents, and employees, prescribe their duties, and7
fix their compensation.8
(9) To exercise any and all of the powers granted to an economic9
development district as if the district were an economic development district10
established pursuant to Part II of Chapter 27 of Title 33 of the Louisiana11
Revised Statutes of 1950, including but not limited to the powers of tax12
increment financing pursuant to R.S. 33:9038.33 and 33:9038.34 and the power13
to levy taxes within the district pursuant to R.S. 33:9038.39, provided that any14
such powers exercised by the district shall be subject to the provisions of Part15
II of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950.16
(10) To exercise any and all of the powers granted to a community17
development district as if the district were a community development district18
established pursuant to Chapter 27-B of Title 33 of the Louisiana Revised19
Statutes of 1950, including but not limited to the power to levy special20
assessments on property within the district pursuant to R.S. 33:9039.29,21
provided that any such powers exercised by the district shall be subject to the22
provisions of Chapter 27-B of Title 33 of the Louisiana Revised Statutes of 1950.23
F. Levy of Taxes.  (1)  It is expressly provided that any taxes levied by24
the district, or any subdistrict created by the district, may exceed the limitation25
set forth by Article VI, Section 29(A) of the Constitution of Louisiana and shall26
be imposed, collected and enforced subject to the terms of the resolution27
imposing the tax and the provisions of Chapter 2 of Subtitle II of Chapter 47 of28
the Louisiana Revised Statutes of 1950.29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 8 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Any taxes or assessments of any type to be levied by the district, or1
any subdistrict created by the district, shall be levied only after the board has2
adopted an appropriate resolution giving notice of its intention to levy such3
taxes or assessments, which resolution shall include a general description of the4
taxes or assessments to be levied, and notice of this intention shall be published5
once a week for two weeks in the official journal of the district, the first6
publication to appear at least fourteen days before the public meeting of the7
board at which the board will meet in open and public session to hear any8
objections to the proposed taxes or assessments.  The notice of intent so9
published shall state the date, time, and place of the public hearing. Such taxes10
or assessments may be levied only after the board has called a special election11
submitting the proposition for the levy of such taxes or assessments to the12
qualified electors of the district or subdistrict, as applicable, and the proposition13
has received the favorable vote of a majority of the electors voting in the14
election; however, in the event there are no qualified electors in the district or15
subdistrict, as applicable, as certified by the registrar of voters, no such election16
shall be required. The powers and rights conferred by this Section shall be in17
addition to the powers and rights conferred by any other general or special law.18
This Section does and shall be construed to provide a complete and additional19
method for the levy of any taxes or assessments. No election, proceeding, notice,20
or approval shall be required for the levy of such taxes or assessments except21
as provided herein.22
(3) In the event that a tax under this Section is proposed for the district23
or for a subdistrict where there are no qualified electors, such tax shall not24
become effective unless and until it is approved by the city-parish council.25
G. Creation of Subdistricts.  The district may create subdistricts as26
provided in this Section. The district shall publish notice of its intent to create27
a subdistrict in the official journal of the district. At least ten days after28
publication of such notice in the official journal of the district, the board shall29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 9 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
conduct a public hearing on the question of creating such subdistrict.1
Thereafter, the board may designate one or more areas within the boundaries2
of the district as a subdistrict of the district.  Each subdistrict shall constitute3
a political subdivision of the state and shall be governed by the board.  Each4
subdistrict shall have the same powers as the district and shall be given a name5
and designated as "River Park Development District Subdistrict No." or such6
other suitable name as the board may designate.7
H. Bonds of the District.  (1) The district, or any subdistrict created by8
the district, is hereby authorized and empowered to issue and sell from time to9
time bonds, notes, renewal notes, refunding bonds, interim certificates,10
certificates of indebtedness, certificates of participation, debentures, warrants,11
commercial paper, or other obligations or evidences of indebtedness to provide12
funds for and to fulfill and achieve its public purpose or corporate purposes, as13
set forth in this Section, including but not limited to the payment of all or a14
portion of the costs of a project, to provide amounts necessary for any corporate15
purposes, including necessary and incidental expenses in connection with the16
issuance of the obligations, the payment of principal and interest on the17
obligations of the district, the establishment of reserves to secure such18
obligations, and all other purposes and expenditures of the district incident to19
and necessary or convenient to carry out its public functions or corporate20
purposes, and any credit enhancement for said obligations.21
 (2) Except as may otherwise be provided by the board, all obligations22
issued by the district, or any subdistrict created by the district, shall be23
negotiable instruments and payable solely from the revenues of the district or24
subdistrict, as applicable, as determined by the board, or from any other25
sources whatsoever, that may be available to the district or subdistrict, as26
applicable, but shall not be secured by the full faith and credit of the state or the27
city-parish.28
(3) Obligations shall be authorized, issued, and sold by a resolution or29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 10 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
resolutions of the board. Such bonds or obligations may be of such series, bear1
such date or dates, mature at such time or times, bear interest at such rate or2
rates, including variable, adjustable, or zero interest rates, be payable at such3
time or times, be in such denominations, be sold at such price or prices, at4
public or private negotiated sale, after advertisement as is provided for in R.S.5
39:1426, be in such form, carry such registration and exchangeability privileges,6
be payable at such place or places, be subject to such terms of redemption, and7
be entitled to such priorities on the income, revenue, and receipts of, or8
available to, the district or subdistrict, as applicable, as may be provided by the9
board in the resolution or resolutions providing for the issuance and sale of the10
bonds or obligations of the district.11
(4) The obligations of the district, or any subdistrict created by the12
district, shall be signed by such officers of the board by either manual or13
facsimile signatures as shall be determined by resolution or resolutions of the14
board, and shall have impressed or imprinted thereon the seal of the district, or15
a facsimile thereof.16
(5) Any obligations of the district, or any subdistrict created by the17
district, may be validly issued, sold, and delivered, notwithstanding that one or18
more of the officers of the board signing such obligations, or whose facsimile19
signature or signatures may be on the obligations, shall have ceased to be such20
officer of the board at the time such obligations shall actually have been21
delivered.22
(6) Obligations of the district, or any subdistrict created by the district,23
may be sold in such manner and from time to time as may be determined by the24
district to be most beneficial, subject to approval of the State Bond Commission,25
and the district may pay all expenses, premiums, fees, or commissions, which26
it may deem necessary or advantageous in connection with the issuance and sale27
thereof.28
(7) The board may authorize the establishment of a fund or funds for the29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 11 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
creation of a debt service reserve, a renewal and replacement reserve, or such1
other funds or reserves as the board may approve with respect to the financing2
and operation of any project funded with the proceeds of such bonds and as3
may be authorized by any bond resolution, trust agreement, indenture of trust4
or similar instrument or agreement pursuant to the provisions of which the5
issuance of bonds or other obligations of the district or subdistrict may be6
authorized.7
(8) Any cost, obligation, or expense incurred for any of the purposes or8
powers of the district specified in this Section shall be a part of the project costs9
and may be paid or reimbursed as such out of the proceeds of bonds or other10
obligations issued by the district or subdistrict.11
(9) For a period of thirty days from the date of publication of the12
resolution authorizing the issuance of bonds hereunder, any persons in interest13
shall have the right to contest the legality of the resolution and the legality of the14
bond issue for any cause, after which time no one shall have any cause or right15
of action to contest the legality of said resolution or of the bonds authorized16
thereby for any cause whatsoever. If no suit, action, or proceeding is begun17
contesting the validity of the bond issue within the thirty days herein18
prescribed, the authority to issue the bonds and to provide for the payment19
thereof, and the legality thereof and all of the provisions of the resolution20
authorizing the issuance of the bonds shall be conclusively presumed, and no21
court shall have authority to inquire into such matters.22
 (10) Neither the members of the board nor any person executing the23
bonds shall be personally liable for the bonds or be subject to any personal24
liability by reason of the issuance thereof. No earnings or assets of the district,25
or any subdistrict created by the district, shall accrue to the benefit of any26
private persons. However, the limitation of liability provided for in this27
Paragraph shall not apply to any gross negligence or criminal negligence on the28
part of any member of the board or person executing the bonds.29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 12 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(11) All obligations authorized to be issued by the district, or any1
subdistrict created by the district, pursuant to the provisions of this Section,2
together with interest thereof, income therefrom, and gain upon the sale thereof3
shall be exempt from all state and local taxes.4
(12) The state and all public officers, any parish, municipality, or other5
subdivision or instrumentality of the state, any political subdivision, any bank,6
banker, trust company, savings bank and institution, building and loan7
association, savings and loan association, investment company or any person8
carrying on a banking or investment business, any insurance company or9
business, insurance association, and any person carrying on an insurance10
business, and any executor, administrator, curator, trustee, and other fiduciary,11
and any retirement system or pension fund may legally invest any sinking funds12
monies, or other funds belonging to them or within their control in any bonds13
or other obligations issued by the district, or any subdistrict created by the14
district, pursuant to the provisions of this Section, and such bonds or other15
obligations shall be authorized security for all public deposits. It is the purpose16
of this Section to authorize such persons, firms, corporations, associations,17
political subdivisions and officers, or other entities, public or private, to use any18
funds owned or controlled by them, including but not limited to sinking,19
insurance, investment, retirement, compensation, pension and trust funds, and20
funds held on deposit, for the purchase of any such bonds or other obligations21
of the district or subdistrict, and that any such bonds shall be authorized22
security for all public deposits. However, nothing contained in this Section with23
regard to legal investments or security for public deposits shall be construed as24
relieving any such person, firm, corporation, or other entity from any duty of25
exercising reasonable care in selecting securities.26
I. Term. The district shall dissolve and cease to exist upon the later to27
occur of either one year after the date on which all loans, bonds, notes, and28
other evidences of indebtedness of the district, including refunding bonds, are29 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 13 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
paid in full as to both principal and interest, or fifty years from the effective1
date of this Section.2
J. Liberal Construction. This Section, being necessary for the welfare3
of the state, the city-parish and its residents, shall be liberally construed to4
effect the purposes thereof.5
K. Severability. The provisions of this Section are severable.  It is6
intended that if any provision of this Section should be adjudged invalid or7
unenforceable, then such provision shall be ineffective to the extent of such8
invalidity or unenforceability without invalidating the remaining provisions of9
this Section.10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
The original instrument was prepared by Martha Hess. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Ann S. Brown.
DIGEST
Dorsey (SB 611)
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 board of commissioners appointed as
follows:
a. Two members shall be appointed by the mayor-president.
b. One member shall be appointed by the state Representative whose district
encompasses all or the greater portion of the area of the district.
c. One member shall be appointed by the state Senator whose district encompasses all
or the greater portion of the area of the district.
d. The Executive Director of the Downtown Development District or his designee shall
serve.
Provides for five-year terms after the initial staggered terms.  Provides with respect to SB NO. 611
SLS 10RS-892	REENGROSSED
Page 14 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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:
(1)To sue and to be sued.
(2)To adopt and use a corporate seal.
(3)To acquire by gift, grant, 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 revenue bonds, special assessment bonds, certificates,
notes, and other evidences of indebtedness and to levy and cause to be collected
certain taxes.
(6)To regulate the imposition of fees and rentals charged by the district for its facilities
and services rendered by it.
(7)To borrow money and pledge all or part of its revenues, leases, rents, or other
advantages as security for such loans.
(8)To appoint officers, agents, and employees, prescribe their duties, and fix their
compensation.
(9)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.
(10)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, but the tax shall not become effective
unless and until approved by the city-parish council. 
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 SB NO. 611
SLS 10RS-892	REENGROSSED
Page 15 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
right to contest the legality of the resolution.
 
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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill.
1. Removes authority of district to expropriate property, to issue general
obligation bonds and to require and issue licenses.
2. Adds requirement of approval by the city-parish council of a tax or
assessment when there are no qualified electors in the district or subdistrict
for an election on the matter.
Senate Floor Amendments to engrossed bill.
1. Changes the boundaries of the district by reducing it from four tracts to three
tracks.
2. Makes changes relative to the appointing authorities for commissioners to the
board by:
a) Reducing the mayor-president appointment from five to two
members.
b) Adding an appointment of one member by the state Representative
and one member by the state Senator whose district encompasses all
or the greater portion of the area of the district. 
c) Adds the Executive Director of the Downtown Development District
or his designee.