Page 1 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 611
BY SENATOR DORSEY AND REPRESENTATIVES AUSTIN BADON, BARROW,
HENRY BURNS, BURRELL, HONORE, HUTTER, GIROD
JACKSON, MICHAEL JACKSON, LEBAS, MONICA, NORTON,
SMILEY, STIAES AND WILLIAMS
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
to in this Section as the "district". The district shall be a political subdivision18
of the state and the district is hereby granted all of the rights, powers, privileges19
and immunities accorded by law and the Constitution of Louisiana to political20
subdivisions of the state, subject to the limitations provided in this Section.21
B. Boundaries. The district shall be comprised of the following described22
parcels or tracts of land located in the city-parish, referred to in this Section as23
the "property":24
That certain tract or parcel of land containing 59.666 acres and25
ACT No. 795 SB NO. 611 ENROLLED
Page 2 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
comprised of three (3) contiguous tracts of land situated in Sections 40, 42 and1
44, Township 7 South, Range 1 West, Greensburg District of Louisiana, Parish2
of East Baton Rouge, State of Louisiana, fronting on the Mississippi River,3
being more particularly described as follows:4
TRACT I: That certain tract or parcel of land and all the rights, ways,5
privileges, servitudes, advantages and appurtenances hereto belonging or in6
anywise appertaining, including all accretion, alluvion, batture and sandbars,7
resulting from reliction or dereliction, the opening of new channels or the8
changes of water courses of the Mississippi River, situated in Section 42 and 44,9
Township 7 South, Range 1 West, Greensburg District of Louisiana, Parish of10
East Baton Rouge, State of Louisiana, fronting on the Mississippi River, being11
more particularly described as follows:12
Commencing at the intersection of the common boundary between13
Sections 42 and 44, T7S-R1W, East Baton Rouge Parish, and the western14
boundary of the Illinois Central Right of Way; thence proceed North 6º 45' 0"15
East a distance of 251.25' to the POINT OF BEGINNING; thence proceed16
South 87/ 50' 0" West a distance of 742.50 feet to the mean low water line of the17
Mississippi River; thence proceed North 01/ 18' 11" West along the mean low18
water line of the Mississippi River to the Northern boundary of the property;19
thence proceed North 87/ 50' 0" East a distance of 812.87 feet to a point and20
corner; thence proceed South 6/ 45'0" West a distance of 502.25 feet to the21
POINT OF BEGINNING. All as more particularly shown on a survey entitled22
"Map Showing an As-Built Survey of Tract B-1, an 8.9 ± Acre Tract, & a 9.29023
Acre Tract Located in Section 42 & 44 T-7-S R-1-W Greensburg Land District24
East Baton Rouge Parish Louisiana for Louisiana Casino Cruises, Inc." dated25
April 11, 2001 and made by Chenevert Songy Rodi Soderberg, Inc.26
TRACT II: Tract B-1, Hunnington Heights, containing 5.176 acres,27
located in Section 42, Township 7 South, Range 1 West, GLD, East Baton Rouge28
Parish, Louisiana, more particularly described and having such measurements29
as dimensions and being subject to such servitudes as are shown on the map30 SB NO. 611 ENROLLED
Page 3 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
entitled "Map Showing Resubdivision of Tract 'A' & Tract 'B' into Tract 'A-1'1
& Tract 'B-1', Hunnington Heights, located in Section 42, Township 7 South,2
Range 1 West, GLD, East Baton Rouge Parish, Louisiana", prepared by Tatum3
Engineering Consultants, dated September 15, 1998.4
TRACT III: That certain lot or parcel of ground together with all5
building and improvements located thereon, and all of the rights, ways,6
privileges, servitudes, prescriptions, appurtenances and advantages thereunto7
belonging, or in anywise appertaining, containing 36.3 acres more or less,8
located in Sections 40 and 42 Township 7-S, Range 1-W Greensburg Land9
District, East Baton Rouge Parish, Louisiana and being more particularly10
described as follows: Commence at the intersection of the Section 40 and 4211
section line and the western boundary of the Illinois Central Rail Road Right12
of Way; thence proceed N06/45'00"E a distance of 543.9' to a point and corner;13
thence proceed N07/33'30"W a distance of 595.90' to a point and corner; thence14
proceed S88/00'00"W a distance of 938.80' to the low water line of the15
Mississippi River to a point and corner; thence meander the low water line of16
the Mississippi River southerly to a point which is S00/52'52"W a distance of17
approximately 1846.40' for a point and corner; thence proceed N87/50'01"E a18
distance of 177.77' to a point and corner; thence proceed N02/10'00"W a19
distance of 370.00' to a point and corner; thence proceed S82/12'42"E a distance20
of 768.77' to a point and corner; thence proceed N06/45'00"E a distance of21
479.16' to the point of beginning. All as more particularly shown on a Map22
Showing Resubdivision of Tract "A-1 into Tracts "A-1-A" and A-1-B" Located23
in Section 40 and 42, T-7-S, R-1-W, Greensburg Land District, East Baton24
Rouge Parish Louisiana for River Park Development, LLC and River Yaun,25
LLC, dated January 3, 2008, made by Pyburn & Odom MCA, Karam J.26
Thomas, P.L.S.27
C. Purpose. The district is created to provide for cooperative economic28
and community development among the district, the city-parish, the state and29
the owners of property in the district, in order to assist in the redevelopment of,30 SB NO. 611 ENROLLED
Page 4 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and dramatic improvement to, the property within the area of the district.1
D. Governance. (1) In order to provide for the orderly development of2
the district and effectuation of the purposes of the district, the district shall be3
administered and governed by a board of commissioners, referred to in this4
Section as the "board", comprised as follows:5
(a) The mayor-president of the city-parish shall appoint two persons,6
subject to the concurrence of a majority of the city-parish council then present7
and then voting.8
(b) The member of the Louisiana House of Representatives whose9
district encompasses all or the greater portion of the area of the district shall10
appoint one person.11
(c) The member of the Louisiana Senate whose district encompasses all12
or the greater portion of the area of the district shall appoint one person.13
(d) The Executive Director of the Downtown Development District or his14
designee.15
(2) Each member appointed to the board shall be a citizen of the United16
States. At all times, at least one member of the board shall own property within17
the district or be the representative of a private entity that owns property18
within the district.19
(3)(a) Members of the board serving pursuant to Subparagraphs (1)(a)20
through (c) of this Subsection shall serve terms of five years after the initial21
terms as provided in Subparagraph (b) of this Paragraph.22
(b) One member shall serve a term that shall expire on December 31,23
2011; one member shall serve a term that shall expire on December 31, 2012;24
one member shall serve a term that shall expire on December 31, 2013; and one25
member shall serve a term that shall expire on December 31, 2014 as26
determined by lot at the first meeting of the board. 27
(c) The executive director of the Downtown Development District shall28
serve during his term of office. Any designee of the director shall serve at the29
pleasure of the director.30 SB NO. 611 ENROLLED
Page 5 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4) Upon expiration of the term of any member of the board, such1
member shall continue to serve until reappointed or a successor is duly2
appointed. Any vacancy in the membership of the board, occurring either by3
reason of death, resignation, or otherwise, shall be filled in the manner of the4
original appointment. If such appointment to fill a vacancy does not take place5
within sixty days, the board shall appoint an interim successor to serve until the6
position is filled by the appointing entity.7
(5) Any member of the board may be removed by a three-fourths vote8
of the remaining membership of the board for cause, which cause may include9
failure to attend at least one-half of the meetings of the board in a calendar10
year.11
(6) The members of the board shall serve without salary or per diem.12
The board may reimburse any member for reasonable, actual and necessary13
expenses incurred in the performance of his duties pursuant to this Section.14
(7) The board shall elect from its members a president, a vice president,15
a secretary, and a treasurer, whose duties shall be those common to such offices.16
At the option of the board, the offices of secretary and treasurer may be held by17
one person.18
(8) The board shall meet in regular session once each month and shall19
also meet in special session as often as the president of the board convenes the20
board or upon the written request of three members. A majority of the21
members of the board of commissioners shall constitute a quorum for the22
transaction of business. All such meetings shall be public meetings subject to23
the provisions of R.S. 42:4.1 et seq. The board shall keep minutes of all24
meetings and shall make them available for inspection through the board's25
secretary or secretary-treasurer, who shall also maintain the minute books and26
archives of the district. The monies, funds, and accounts of the district shall be27
in the official custody of the board.28
(9) The domicile of the board shall be established by the board at a29
location within the district. The official journal of the district shall be the30 SB NO. 611 ENROLLED
Page 6 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
official journal of the city-parish.1
E. Rights and powers. The district, acting by and through its board, shall2
have and exercise all powers of a political subdivision necessary or convenient3
for the carrying out of its objects and purposes, including but not limited to the4
following:5
(1) To sue and to be sued.6
(2) To adopt, use, and alter at will a corporate seal.7
(3) To acquire by gift, grant, purchase, or otherwise all property,8
including rights of way; to hold and use any franchise or property, real,9
personal, or mixed, tangible or intangible, or any interest therein, necessary or10
desirable for carrying out the objects and purposes of the district, including but11
not limited to the establishment, maintenance, and operation of industrial12
parks, ports, harbors, and terminals.13
(4) To enter into contracts for the purchase, acquisition, construction,14
and improvement of works and facilities necessary in connection with the15
purposes of the district.16
(5) In its own name and on its own behalf to incur debt and to issue17
revenue bonds, special assessment bonds, certificates, notes, and other evidences18
of indebtedness and to levy and cause to be collected certain taxes as provided19
in this Section and as may be provided by general law.20
(6) To regulate the imposition of fees and rentals charged by the district21
for its facilities and services rendered by it.22
(7) To borrow money and pledge all or part of its revenues, leases, rents,23
or other advantages as security for such loans.24
(8) To appoint officers, agents, and employees, prescribe their duties, and25
fix their compensation.26
(9) To exercise any and all of the powers granted to an economic27
development district as if the district were an economic development district28
established pursuant to Part II of Chapter 27 of Title 33 of the Louisiana29
Revised Statutes of 1950, including but not limited to the powers of tax30 SB NO. 611 ENROLLED
Page 7 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
increment financing pursuant to R.S. 33:9038.33 and 33:9038.34 and the power1
to levy taxes within the district pursuant to R.S. 33:9038.39, provided that any2
such powers exercised by the district shall be subject to the provisions of Part3
II of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950.4
(10) To exercise any and all of the powers granted to a community5
development district as if the district were a community development district6
established pursuant to Chapter 27-B of Title 33 of the Louisiana Revised7
Statutes of 1950, including but not limited to the power to levy special8
assessments on property within the district pursuant to R.S. 33:9039.29,9
provided that any such powers exercised by the district shall be subject to the10
provisions of Chapter 27-B of Title 33 of the Louisiana Revised Statutes of 1950.11
F. Levy of Taxes. (1) It is expressly provided that any taxes levied by12
the district, or any subdistrict created by the district, may exceed the limitation13
set forth by Article VI, Section 29(A) of the Constitution of Louisiana and shall14
be imposed, collected and enforced subject to the terms of the resolution15
imposing the tax and the provisions of Chapter 2 of Subtitle II of Title 47 of the16
Louisiana Revised Statutes of 1950.17
(2) Any taxes or assessments of any type to be levied by the district, or18
any subdistrict created by the district, shall be levied only after the board has19
adopted an appropriate resolution giving notice of its intention to levy such20
taxes or assessments, which resolution shall include a general description of the21
taxes or assessments to be levied, and notice of this intention shall be published22
once a week for two weeks in the official journal of the district, the first23
publication to appear at least fourteen days before the public meeting of the24
board at which the board will meet in open and public session to hear any25
objections to the proposed taxes or assessments. The notice of intent so26
published shall state the date, time, and place of the public hearing. Such taxes27
or assessments may be levied only after the board has called a special election28
submitting the proposition for the levy of such taxes or assessments to the29
qualified electors of the district or subdistrict, as applicable, and the proposition30 SB NO. 611 ENROLLED
Page 8 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
has received the favorable vote of a majority of the electors voting in the1
election; however, in the event there are no qualified electors in the district or2
subdistrict, as applicable, as certified by the registrar of voters, no such election3
shall be required. The powers and rights conferred by this Section shall be in4
addition to the powers and rights conferred by any other general or special law.5
This Section does and shall be construed to provide a complete and additional6
method for the levy of any taxes or assessments. No election, proceeding, notice,7
or approval shall be required for the levy of such taxes or assessments except8
as provided herein.9
(3) In the event that a tax under this Section is proposed for the district10
or for a subdistrict where there are no qualified electors, such tax shall not11
become effective unless and until it is approved by the city-parish council.12
G. Creation of Subdistricts. The district may create subdistricts as13
provided in this Section. The district shall publish notice of its intent to create14
a subdistrict in the official journal of the district. At least ten days after15
publication of such notice in the official journal of the district, the board shall16
conduct a public hearing on the question of creating such subdistrict.17
Thereafter, the board may designate one or more areas within the boundaries18
of the district as a subdistrict of the district. Each subdistrict shall constitute19
a political subdivision of the state and shall be governed by the board. Each20
subdistrict shall have the same powers as the district and shall be given a name21
and designated as "River Park Development District Subdistrict No." or such22
other suitable name as the board may designate.23
H. Bonds of the District. (1) The district, or any subdistrict created by24
the district, is hereby authorized and empowered to issue and sell from time to25
time bonds, notes, renewal notes, refunding bonds, interim certificates,26
certificates of indebtedness, certificates of participation, debentures, warrants,27
commercial paper, or other obligations or evidences of indebtedness to provide28
funds for and to fulfill and achieve its public purpose or corporate purposes, as29
set forth in this Section, including but not limited to the payment of all or a30 SB NO. 611 ENROLLED
Page 9 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
portion of the costs of a project, to provide amounts necessary for any corporate1
purposes, including necessary and incidental expenses in connection with the2
issuance of the obligations, the payment of principal and interest on the3
obligations of the district, the establishment of reserves to secure such4
obligations, and all other purposes and expenditures of the district incident to5
and necessary or convenient to carry out its public functions or corporate6
purposes, and any credit enhancement for said obligations.7
(2) Except as may otherwise be provided by the board, all obligations8
issued by the district, or any subdistrict created by the district, shall be9
negotiable instruments and payable solely from the revenues of the district or10
subdistrict, as applicable, as determined by the board, or from any other11
sources whatsoever, that may be available to the district or subdistrict, as12
applicable, but shall not be secured by the full faith and credit of the state or the13
city-parish.14
(3) Obligations shall be authorized, issued, and sold by a resolution or15
resolutions of the board. Such bonds or obligations may be of such series, bear16
such date or dates, mature at such time or times, bear interest at such rate or17
rates, including variable, adjustable, or zero interest rates, be payable at such18
time or times, be in such denominations, be sold at such price or prices, at19
public or private negotiated sale, after advertisement as is provided for in R.S.20
39:1426, be in such form, carry such registration and exchangeability privileges,21
be payable at such place or places, be subject to such terms of redemption, and22
be entitled to such priorities on the income, revenue, and receipts of, or23
available to, the district or subdistrict, as applicable, as may be provided by the24
board in the resolution or resolutions providing for the issuance and sale of the25
bonds or obligations of the district.26
(4) The obligations of the district, or any subdistrict created by the27
district, shall be signed by such officers of the board by either manual or28
facsimile signatures as shall be determined by resolution or resolutions of the29
board, and shall have impressed or imprinted thereon the seal of the district, or30 SB NO. 611 ENROLLED
Page 10 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
a facsimile thereof.1
(5) Any obligations of the district, or any subdistrict created by the2
district, may be validly issued, sold, and delivered, notwithstanding that one or3
more of the officers of the board signing such obligations, or whose facsimile4
signature or signatures may be on the obligations, shall have ceased to be such5
officer of the board at the time such obligations shall actually have been6
delivered.7
(6) Obligations of the district, or any subdistrict created by the district,8
may be sold in such manner and from time to time as may be determined by the9
district to be most beneficial, subject to approval of the State Bond Commission,10
and the district may pay all expenses, premiums, fees, or commissions, which11
it may deem necessary or advantageous in connection with the issuance and sale12
thereof.13
(7) The board may authorize the establishment of a fund or funds for the14
creation of a debt service reserve, a renewal and replacement reserve, or such15
other funds or reserves as the board may approve with respect to the financing16
and operation of any project funded with the proceeds of such bonds and as17
may be authorized by any bond resolution, trust agreement, indenture of trust18
or similar instrument or agreement pursuant to the provisions of which the19
issuance of bonds or other obligations of the district or subdistrict may be20
authorized.21
(8) Any cost, obligation, or expense incurred for any of the purposes or22
powers of the district specified in this Section shall be a part of the project costs23
and may be paid or reimbursed as such out of the proceeds of bonds or other24
obligations issued by the district or subdistrict; provided however, no portion25
of any state sales taxes made directly available to the district pursuant to an26
agreement with the state shall be used by the district to pay the costs of27
constructing or operating any privately-owned hotel located within the district,28
without the consent of the Joint Legislative Committee on the Budget or its29
successor.30 SB NO. 611 ENROLLED
Page 11 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(9) For a period of thirty days from the date of publication of the1
resolution authorizing the issuance of bonds hereunder, any persons in interest2
shall have the right to contest the legality of the resolution and the legality of the3
bond issue for any cause, after which time no one shall have any cause or right4
of action to contest the legality of said resolution or of the bonds authorized5
thereby for any cause whatsoever. If no suit, action, or proceeding is begun6
contesting the validity of the bond issue within the thirty days herein7
prescribed, the authority to issue the bonds and to provide for the payment8
thereof, and the legality thereof and all of the provisions of the resolution9
authorizing the issuance of the bonds shall be conclusively presumed, and no10
court shall have authority to inquire into such matters.11
(10) Neither the members of the board nor any person executing the12
bonds shall be personally liable for the bonds or be subject to any personal13
liability by reason of the issuance thereof. No earnings or assets of the district,14
or any subdistrict created by the district, shall accrue to the benefit of any15
private persons. However, the limitation of liability provided for in this16
Paragraph shall not apply to any gross negligence or criminal negligence on the17
part of any member of the board or person executing the bonds.18
(11) All obligations authorized to be issued by the district, or any19
subdistrict created by the district, pursuant to the provisions of this Section,20
together with interest thereof, income therefrom, and gain upon the sale thereof21
shall be exempt from all state and local taxes.22
(12) The state and all public officers, any parish, municipality, or other23
subdivision or instrumentality of the state, any political subdivision, any bank,24
banker, trust company, savings bank and institution, building and loan25
association, savings and loan association, investment company or any person26
carrying on a banking or investment business, any insurance company or27
business, insurance association, and any person carrying on an insurance28
business, and any executor, administrator, curator, trustee, and other fiduciary,29
and any retirement system or pension fund may legally invest any sinking funds30 SB NO. 611 ENROLLED
Page 12 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
monies, or other funds belonging to them or within their control in any bonds1
or other obligations issued by the district, or any subdistrict created by the2
district, pursuant to the provisions of this Section, and such bonds or other3
obligations shall be authorized security for all public deposits. It is the purpose4
of this Section to authorize such persons, firms, corporations, associations,5
political subdivisions and officers, or other entities, public or private, to use any6
funds owned or controlled by them, including but not limited to sinking,7
insurance, investment, retirement, compensation, pension and trust funds, and8
funds held on deposit, for the purchase of any such bonds or other obligations9
of the district or subdistrict, and that any such bonds shall be authorized10
security for all public deposits. However, nothing contained in this Section with11
regard to legal investments or security for public deposits shall be construed as12
relieving any such person, firm, corporation, or other entity from any duty of13
exercising reasonable care in selecting securities.14
I. Term. The district shall dissolve and cease to exist upon the later to15
occur of either one year after the date on which all loans, bonds, notes, and16
other evidences of indebtedness of the district, including refunding bonds, are17
paid in full as to both principal and interest, or fifty years from the effective18
date of this Section.19
J. Liberal Construction. This Section, being necessary for the welfare20
of the state, the city-parish and its residents, shall be liberally construed to21
effect the purposes thereof.22
K. Severability. The provisions of this Section are severable. It is23
intended that if any provision of this Section should be adjudged invalid or24
unenforceable, then such provision shall be ineffective to the extent of such25
invalidity or unenforceability without invalidating the remaining provisions of26
this Section.27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 611 ENROLLED
Page 13 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: