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Regular Session, 2010
SENATE BILL NO. 761
BY SENATOR DUPLESSIS
SPECIAL DISTRICTS. Provides relative to the New Orleans Regional Business Park.
(gov sig)
AN ACT1
To amend and reenact R.S. 33:4701(A), 4702(B)(1), (2), (4) and (6)(b), (C), (E), (F), (G),2
4703(A) and (C), and 4706(A) and (B); to enact R.S. 33:4701(C), 4702(B)(3) and3
(D), and 4706(C) and (D), and to repeal R.S. 33:4702(H),(I) and (J); relative to the4
New Orleans Regional Business Park; to provide with respect to the purpose of the5
district; to provide with respect to the members appointed to the board; to provide6
for an executive director; to provide with respect to plans submitted by the board and7
the process related to such plans; to provide with respect to issuing bonds; to provide8
with respect to unpaid and outstanding bonds; to provide with respect to the powers9
of the district; to provide with respect to the use of district funds; and to provide for10
related matters.11
Notice of intention to introduce this Act has been published.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 33:4701(A), 4702(B)(1), (2), (4) and (6)(b), (C), (E), (F), (G),14
4703(A) and (C), and 4706(A) and (B) are hereby amended and reenacted, and R.S.15
33:4701(C), 4702(B)(3) and (D), and 4706(C) and (D) are hereby enacted to read as follows:16
§4701. The New Orleans Regional Business Park; creation and powers17 SB NO. 761
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A. There is hereby created in the city of New Orleans in the hereinafter1
described area a special municipal district designated as the "New Orleans Regional2
Business Park," hereinafter referred to as the "district", which, through its board of3
commissioners, shall have the power to acquire, construct, improve, maintain, and4
operate projects and to provide additional municipal services within the district. The5
New Orleans Regional Business Park, hereinafter referred to as the "district",6
is hereby constituted and is declared to be a body politic and political7
subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the8
Constitution of Louisiana and shall exist in perpetuity. Pursuant to Article VI,9
Sections 19, 20 and 21 of the Constitution of Louisiana, the district, acting10
through its board of commissioners, the governing authority of said district, is11
hereby granted all of the rights, powers, privileges, and immunities accorded by12
law and the Constitution of Louisiana to political subdivisions of the state,13
including but not limited to, the power of taxation, the power to incur debt and14
issue revenue and general obligation bonds, certificates of indebtedness, bond15
and certificate anticipation notes, and refunding bonds, subject to the16
limitations hereinafter provided.17
* * *18
C. The district is created for the object and purpose of stimulating19
industrial and commercial development in Orleans Parish and the parishes20
adjacent to Orleans Parish by developing stable and more extensive21
employment opportunities, promoting economic development, especially in22
disadvantaged communities, improving infrastructure, and promoting the23
overall welfare of the citizens of Orleans Parish. It may do so through24
diversified activities, including, but not limited to, activities and planned land25
uses to foster creation of new jobs, economic development, industry, health care,26
commerce, manufacturing, tourism, relocation of people and businesses to the27
district or areas near the district, aviation, military, warehousing,28
transportation, offices, recreation, housing, environmental conservation, the29 SB NO. 761
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acquisition of land and improvements, and, when necessary, the construction,1
operation, and maintenance of facilities, improvements and infrastructure,2
including buildings, runways, roads, bridges, drainage, and utilities.3
§4702. Board of commissioners; appointment and term; organization4
* * *5
B.(1) In order to provide for the orderly planning, development, acquisition,6
construction, and effectuation of the services, projects, improvements, and facilities7
to be provided or furnished by the district, and to provide for the representation in8
the affairs of the district of those persons and interests immediately concerned with9
and affected by the functions, operation, purposes, and developments of the district,10
the New Orleans Regional Business Park shall be managed by a board of11
commissioners comprised of qualified voters and legal Louisiana residents.12
(2) The board shall be composed of fifteen eleven members who shall be13
appointed as follows:14
(a) The New Orleans East Business Association Greater New Orleans, Inc.15
shall appoint one member who shall serve an initial term of one year.16
(b) The New Orleans Chamber Inc. shall appoint one member who shall serve17
an initial term of one year.18
(c)(b) The state representative whose representative district is defined in R.S.19
24:35.5(A)(100) shall appoint one member who shall serve an initial term of two20
years.21
(d)(c) The state senator whose senatorial district is defined in R.S. 24:35.122
as District 2 shall appoint two members each of whom shall serve an initial term of23
three years.24
(e)(d) The councilman councilperson of the councilmanic council district25
in which the special municipal district New Orleans Regional Business Park is26
located shall appoint one member who shall serve an initial term of three years.27
(f)(e) The mayor of the city of New Orleans shall appoint two three members28
each of whom shall serve an initial term of three years.29 SB NO. 761
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(g)(f) The state representative whose representative district is defined in R.S.1
24:35.5(A)(103) shall appoint one member who shall serve an initial term of two2
years.3
(h)(g) The state representative whose representative district is defined in R.S.4
24:35.5(A)(101) shall appoint one member who shall serve an initial term of two5
years.6
(h) The secretary of the Department of Economic Development shall7
appoint one member.8
(i) The New Orleans East Economic Development Foundation shall appoint9
one member who shall serve an initial term of one year.10
(j) The governor shall appoint one member who shall serve an initial term of11
one year.12
(k) The lieutenant governor shall appoint one member who shall serve an13
initial term of one year.14
(l) The board of commissioners of the Port of New Orleans shall appoint one15
member who shall serve an initial term of two years.16
(m) The Regional Planning Commission for Jefferson, Orleans, Plaquemines,17
St. Bernard, and St. Tammany parishes shall appoint one member who shall serve18
an initial term of two years.19
(3) Any vacancy in the membership of the board occurring by reason of20
the expiration of the term of office, or by reason of death, resignation,21
disqualification, or otherwise, shall be filled by the respective nominating entity22
within sixty days after receipt by such nominating entity of written notification23
of the vacancy. In the event that the respective nominating entity fails to fill the24
vacancy within sixty days after receipt of written notification of the vacancy, the25
board shall appoint an interim successor to serve on the board until the position26
is filled by the respective nominating entity responsible for the appointment of27
such member. If the board fails to fill a vacancy in its membership within the28
next sixty day period, the mayor shall appoint such member. Any board29 SB NO. 761
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member appointed by the board or mayor pursuant to this Paragraph may be1
replaced at any time by the nominee of the appointing authority.2
(4) In the event any of the foregoing organizations or public officials fail to3
make an appointment within sixty days of the date on which notice to make such4
appointment is sent to such organization or public official by the mayor, then the5
mayor shall appoint such member as would have been authorized for such6
organization or public official. Any member who has unexcused absences of fifty7
percent or more of the meetings, regular and special, of the board in any8
calendar year shall be disqualified and removed automatically from office and9
that person's position shall be vacant, as of the first day of the succeeding10
calendar year. Such vacated position shall be filled by the respective nominating11
entity for the balance of the vacated term. The former member shall not be12
eligible for reappointment until expiration of the balance of the vacated term.13
* * *14
(6) * * *15
(b) Any member of the board appointed pursuant to Subparagraph16
Subparagraphs (2)(a) through (i) (h) of this Subsection may be removed by his17
respective appointing authority at any time, with or without cause.18
* * *19
C.(1) The board of commissioners shall elect from its members a chairman,20
a vice chairman, a secretary-treasurer and such other officers as it may deem21
necessary at its first meeting; the chairman shall serve at the pleasure of the board.22
The board of commissioners may also select one person as president executive23
director; three people as vice presidents directors to be in charge of marketing,24
operations, and finance respectively, who shall not be members of the board, but who25
shall be qualified voters and legal Louisiana residents.26
(2) The secretary-treasurer shall furnish such bonds as may be required by the27
board of commissioners. The premium on the bond shall be paid out of the operating28
funds of the district. The president executive director shall be the chief executive29 SB NO. 761
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officer of the district, shall manage its affairs and operation, subject to the rules and1
regulations and bylaws adopted by the council and the board. The president2
executive director and three vice presidents directors shall receive such salary and3
office expense allowance, if any, as shall be fixed and determined by the board of4
commissioners.5
D. The executive director, with the concurrence of the board of the6
district, may hire such staff and other necessary personnel as may be necessary7
to carry out the directions and instructions of the board, and may perform such8
other acts as may be directed by the board.9
E.(1) The board of the district shall prepare, or cause to be prepared a plan10
or plans, such plan or plans being hereinafter referred to, collectively, as the plan,11
specifying the public improvements, projects, facilities, and services proposed to be12
furnished, provided, constructed or acquired, for the district, and it shall conduct13
such public hearings, publish such notice with respect thereto and disseminate such14
information as it in the exercise of its sound discretion may deem to be appropriate15
or advisable and in the public interest.16
(2) Any such plan may specify and encompass any public services, which the17
city of New Orleans is then furnishing or providing, or may then, or in the future, be18
obligated to furnish or provide with respect to persons or property within the19
boundaries of the district.20
(3) Any plan shall include (a) an estimate of the annual and aggregate cost21
of acquiring, constructing, or providing the public services, capital improvements,22
projects, or facilities set forth therein; (b) an estimate of the proportion of the tax to23
be levied on the taxable real property within the district which is to be set aside and24
dedicated to paying the cost of furnishing specified public services, and an estimate25
of the proportion of such tax to be set aside and dedicated to paying the cost of26
projects or capital improvements, or paying the cost of debt service on any bonds to27
be issued to pay the cost of projects or capital improvements, such proportions, in28
each case, to be expressed in numbers of mills; and (c) an estimate of the aggregate29 SB NO. 761
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number of mills required to be levied in each year on the taxable real property within1
the district in order to provide the funds required for the implementation or2
effectuation of the plan for furnishing the public services specified and for projects,3
capital improvements or debt service, or any combination thereof.4
(4) The board of the district shall also submit its plan to the planning5
commission of the city of New Orleans. Said planning commission shall review and6
consider the plan in order to determine whether or not it is consistent with the7
comprehensive plan for the city of New Orleans, and shall within thirty days8
following receipt thereof submit to the city council its written opinion as to whether9
or not the plan or any portion or detail thereof is inconsistent with the comprehensive10
plan for the city, together with its written comments and recommendation with11
respect thereto.12
(5) After receipt of the plan together with the written comments and13
recommendations of the city planning commission, the council shall review and14
consider the plan, together with such written comments and recommendations. The15
council may by a majority vote of its members adopt or reject the plan as originally16
submitted by the board, or it may alter or modify the plan or any portion or detail17
thereof, but only by a majority vote of all of its members. If the plan as originally18
submitted by the board is adopted by a majority vote of the council, it shall become19
final and conclusive and may thereafter be implemented. If, however, the council20
alters or modifies the plan by a majority vote of its members, the plan so altered or21
modified shall be resubmitted to the board of the district for its concurrence or22
rejection. The board of the district may concur in such modified plan by a majority23
vote of all of its members. If the board so votes to concur in the plan as modified by24
the council, it shall notify the council in writing of its action. Thereafter, and as often25
and at such time or times as the board may deem to be necessary or advisable, it shall26
prepare, or cause to be prepared, a plan or plans and submit the same to the city27
planning commission in accordance with the same procedure hereinabove prescribed28
with respect to the original plan. The city planning commission shall, in turn, submit29 SB NO. 761
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such plan, together with its written comments and recommendations to the council1
for its adoption, modification or rejection in the same manner and with the same2
effect as hereinabove provided with respect to the original plan submitted, as3
aforesaid.4
F. The executive director, with the concurrence of the board of the district,5
may hire such staff and other necessary personnel as may be necessary to carry out6
the directions and instructions of the board, and may do such other acts as may be7
directed by the board.8
G. All services to be furnished within the district pursuant to any plan finally9
and conclusively adopted hereunder, shall be furnished and supplied by the city of10
New Orleans through its regularly constituted departments, agencies, boards,11
commissions, and instrumentalities as appropriate in the circumstances. and all12
capital improvements, projects and facilities to be acquired, constructed or provided13
within the district, whether from the proceeds of bonds or otherwise, shall likewise14
be so acquired, constructed, or provided by the city of New Orleans through its15
regularly constituted departments, agencies, boards, commissions, and16
instrumentalities as appropriate in the circumstances, it being the intent hereof to17
avoid duplication of administrative and management efforts and expense in the18
implementation of any plan adopted for the benefit of the district. In order to provide19
such public services and provide, construct or acquire such capital improvements,20
projects and facilities the board, upon the recommendation of its executive director,21
may enter into contracts with the city of New Orleans. The cost of any such public22
services, projects, capital improvements and facilities shall be paid to the city of New23
Orleans out of the proceeds of the special tax levied upon real property within the24
district as herein provided, or from the proceeds of bonds, as the case may be.25
H. The board, in addition to all other taxes which it is now or hereafter may26
be authorized by law to levy and collect, is hereby authorized to levy and collect, as27
specifically provided in Subsection K hereinafter, for a term not to exceed fifty years28
from and after the date the first tax is levied pursuant to the provisions of this29 SB NO. 761
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Section, in the same manner and at the same time as all other ad valorem taxes on1
property subject to taxation by the city are levied and collected, a special ad valorem2
tax upon all taxable real property situated within the boundaries of the district except3
property occupied in whole or in part as a residence by an owner thereof. The4
number of mills hereby authorized shall not exceed twenty mills on the dollar of5
assessed valuation on all taxable property within the district. Said tax, when levied,6
shall be from year to year, or for such period of years not to exceed fifty years as7
may be designated in the resolution by which the election is called on the question8
of the imposition of said tax. No such tax shall be levied until a plan requiring or9
requesting the levy of a tax is finally and conclusively adopted in accordance with10
the procedures prescribed in this Section. The proceeds of said tax shall be used11
solely and exclusively for the purposes and benefit of the district.12
I.F.(1) The board, by resolution adopted by a vote of a majority of the13
members of the board of the district, shall have power and is hereby authorized to14
incur indebtedness for and on behalf and for the sole and exclusive benefit of the15
district, and to issue at one time, or from time to time, negotiable bonds, notes and16
other evidence of indebtedness, herein referred to collectively as bonds, of the17
district, the principal of, premium if any, and interest on which shall be payable18
solely from the proceeds of the special tax authorized, levied, and collected pursuant19
to the provisions of this Section for the purpose of paying the cost of acquiring and20
constructing capital improvements, projects, and facilities within the district. Such21
bonds shall not constitute general obligations of the city of New Orleans, nor shall22
any property situated within the city other than property situated within the23
boundaries of the district be subject to taxation for the payment of the principal of,24
premium, if any, and interest on such bonds. Furthermore, any indebtedness incurred25
by the city of New Orleans for and on behalf and for the benefit of the district26
pursuant to the provisions of this Section, whether evidenced by bonds, notes or27
other evidences of indebtedness, or otherwise, shall be excluded in determining the28
power of the city of New Orleans to incur indebtedness and to issue its general29 SB NO. 761
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obligation bonds. The principal amount of such bonds which may be outstanding and1
unpaid at any one time in the district shall never exceed the sum of fifty million2
dollars. All such bonds shall be sold by the board, and shall bear such rate or rates3
of interest, and shall, except as herein otherwise specifically provided, be in such4
form, terms, and denominations, be redeemable at such time or times at such price5
or prices, and payable at such times and places, within a period of not exceeding fifty6
years from the date thereof, as the board, shall determine.7
(2) Said bonds shall be signed by the president chairperson of the board of8
commissioners, and countersigned by the secretary of the board, and the coupons9
attached to said bonds shall bear the facsimile signatures of said president10
chairperson and said secretary. In case any such officer whose signature or11
countersignature appears upon such a bond or coupon shall cease to be such officer12
before delivery of said bonds or coupons to the purchaser, such signature or13
countersignature shall nevertheless be valid for all purposes. The cost and expense14
of preparing and selling the bonds authorized herein shall be paid out of the proceeds15
realized from the sale of such bonds.16
(3) The resolution of the board, authorizing the issuance and sale of such17
bonds and fixing the form and details thereof, may contain such other provisions, not18
inconsistent or in conflict with the provisions of this Section, as it may deem to be19
necessary or advisable to enhance the marketability and acceptability thereof by20
purchasers and investors, including, but without limiting the generality of the21
foregoing, covenants with bond holders setting forth (a) conditions and limitations22
on the issuance of additional bonds constituting a lien and charge on the special tax23
levied on real property within the district pari passu pari passu with bonds24
theretofore issued and outstanding and (b) the creation of reserves for the payment25
of the principal of and interest on such bonds. These bonds and the interest thereon26
are exempt from all taxation levied for state, parish or municipal or other local27
purposes; and savings banks, tutors of minors, curators of interdicts, trustees and28
other fiduciaries are authorized to invest the funds in their hands in said bonds.29 SB NO. 761
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(4) The Board of Liquidation, City Debt, as now organized and created, and1
with the powers, duties and functions prescribed by existing laws, shall be continued2
so long as any bonds authorized by this Section are outstanding and unpaid.3
J.G. Notwithstanding any other provision of this Section to the contrary, no4
tax authorized herein shall be levied and no bonds shall be issued unless and until the5
amount of the tax authorized to be levied and the amount of the bonds authorized to6
be issued has been approved by a majority of the electors voting thereon in the city7
of New Orleans in an election called for that purpose. No bonds issued pursuant to8
this Section shall be general obligations of the state of Louisiana, the parish of9
Orleans or the city of New Orleans.10
§4703. Corporate status; domicile; Domicile; purpose and powers11
A. The New Orleans Regional Business Park a special municipal district12
created under the provisions of this Part, shall constitute a body corporate in law,13
with all the powers of a corporation, and with all the powers and rights of a political14
subdivision of the state as provided by the constitution and laws of this state,15
including but not limited to the power to incur debt and issue, or secure the issuance16
of, negotiable bonds in accordance with the power and authority and in the form and17
manner, and with the effect and security now or hereafter provided by the18
constitution and laws of the state of Louisiana, and particularly subject to the19
provisions of R.S. 33:4702. The district through its board of commissioners may sue20
and be sued, have a corporate seal, and do and perform any and all acts in its21
corporate capacity and in its corporate name which are necessary and proper for22
carrying out the purposes and objects for which it is created. All of the property23
belonging to the district shall be exempt from taxation.24
* * *25
C. The objectives and purposes of the special municipal district created under26
the provisions of this Part shall be to provide for the acquisition, construction,27
improvement, maintenance and operation, of special projects, additional municipal28
services, capital improvements, and facilities within the district. Except as29 SB NO. 761
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inconsistent with the provisions of this Part, the district created hereby is granted and1
shall have and may exercise all powers necessary or convenient for the carrying out2
of such objects and purposes including, by way of illustration, but not limitation, and3
subject to the provisions of R.S. 33:4702, the following rights and powers:4
(1) To acquire or purchase any property, or any interest therein, at any5
time to accomplish the objects and purposes of the district, lease as lessee and to6
hold and use any property, real, personal, or mixed, tangible or intangible, or any7
interest therein necessary or desirable for carrying out the purposes of the district,8
and to sell, transfer, convey, lease as lessor, transfer, or dispose of any property or9
interest therein acquired by it.10
(2) To acquire by purchase, lease, or otherwise and to construct, improve,11
maintain, repair, and operate facilities which it deems necessary or convenient to12
carry out its purposes. lease or sublease, as lessor or lessee or sublessor or13
subleasee, all or portion of any property at a fixed or variable rental without14
advertisement for public bids.15
(3) To enter into agreements of any nature with any person or persons, natural16
or artificial, corporation, association or other entity, including public corporations,17
political subdivisions, municipalities, the United States government and agencies18
thereof, or any combination thereof or with instrumentalities of every kind, for the19
operation of the district, including all or any part of the properties and facilities20
thereof. To acquire by purchase, lease, or otherwise and to construct, improve,21
maintain, repair, and operate facilities which it deems necessary or convenient22
to carry out its purposes.23
(4) To make and enter into contracts, conveyances, mortgages, deeds or24
trusts, bonds, and leases in the carrying out of its corporate objects. To enter into25
agreements of any nature with any person or persons, natural or artificial,26
corporation, association or other entity, including public corporations, political27
subdivisions, municipalities, the United States government and agencies thereof,28
or any combination thereof or with instrumentalities of every kind, for the29 SB NO. 761
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operation of the district, including all or any part of the properties and facilities1
thereof.2
(5) To let contracts for the construction or acquisition in any other manner,3
except through the power of eminent domain, of property and facilities incident to4
the carrying out of the purpose or purposes of the district, which contracts shall be5
let in such manner as shall be determined by the board in conformance with law. To6
make and enter into contracts, conveyances, mortgages, deeds or trusts, bonds,7
and leases in the carrying out of its corporate objects.8
(6) To fix, maintain, collect, and revise rates, charges, and rentals for the9
properties and facilities owned by the district and the services rendered by the10
district. To let contracts for the construction or acquisition in any other11
manner, except through the power of eminent domain, of property and facilities12
incident to the carrying out of the purpose or purposes of the district, which13
contracts shall be let in such manner as shall be determined by the board in14
conformance with law.15
(7) To make bylaws for the management and regulation of its affairs, not16
inconsistent with the rules, regulations, and bylaws adopted by the council for the17
governance of the district. To fix, maintain, collect, and revise rates, charges, and18
rentals for the properties and facilities owned by the district and the services19
rendered by the district.20
(8) In its own name and behalf, to incur debt, and issue general21
obligation bonds under the authority of and subject to the provisions of Article22
VI, Section 33 of the Constitution of Louisiana, and Subpart A of Part III of23
Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, for24
the establishment, operation, and maintenance of district property as an25
industrial park or to carry out the other public purposes of this Part, without26
election, to issue revenue bonds, borrow money, and issue certificates of27
indebtedness, notes, and other debt obligations as evidence thereof and provide28
for the manner and method of repayment.29 SB NO. 761
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(9) To require and issue licenses, to regulate the imposition of fees and1
rentals charged by the district for services rendered by it or fees or rentals2
charged for use of privately-owned facilities located on district property when3
such facilities are offered for use by the public or by a private industrial,4
commercial, research, or other economic development entity or activity.5
(10)(8) To cooperate and contract with the government of the United States6
or any department or agency thereof and with the state of Louisiana or any7
department or agency thereof and to accept gifts, grants, and donations of property8
and money therefrom. To develop, activate, construct, exchange, acquire,9
expropriate, improve, repair, operate, maintain, lease, mortgage, sell, subject10
to the provision of this Part, and pledge movable and immovable property,11
servitudes, facilities, and works under such terms and conditions as the district12
may deem necessary or appropriate for any public purpose, including industrial13
and commercial development, notwithstanding the limitations of R.S. 2:131.1,14
135 and 135.1, Chapter 4 of Title 2, Chapter 13 of Title 33, and Chapter 10 of15
Title 41, of the Louisiana Revised Statutes of 1950.16
(11)(9) To cooperate with the state or any other political subdivision,17
department, agency, or corporation of the state for the construction, operation, and18
maintenance of projects and facilities designed to accomplish the purpose or19
purposes for which the district is created on any basis including the matching of20
funds and by participating in projects authorized by any federal or state law as it21
shall see fit. To make bylaws for the management and regulation of its affairs.22
(12)(10) To pledge all or any part of its revenues. To cooperate and contract23
with the government of the United States of America or any department or agency24
thereof and with the state of Louisiana or any department or agency thereof and to25
accept gifts, grants, and donations of property and money therefrom.26
(13)(11) To issue, or secure the issuance of, refunding bonds to refund any27
outstanding bonds issued pursuant to this Section. Such refunding bonds may be28
exchanged for the outstanding bonds or may be sold and the proceeds applied to the29 SB NO. 761
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purchase, redemption, or payment of the outstanding bonds or deposited in escrow1
for the retirement of such bonds. The refunding bonds shall be authorized in all2
respects as original bonds are herein required to be authorized, and the district, in3
authorizing the refunding bonds, shall provide for the security of the bonds, the4
sources from which the bonds are to be paid and for the rights of the holders thereof5
in all respects as herein provided for other bonds issued under the authority of this6
Part. The district may also provide that the refunding bonds shall have the same7
priority of lien on the taxes, income, and revenues pledged for their payment as was8
enjoyed by the bonds refunded. To cooperate with the state or any other political9
subdivision, department, agency, or corporation of the state for the10
construction, operation, and maintenance of projects and facilities designed to11
accomplish the purpose or purposes for which the district is created on any12
basis including the matching of funds and by participating in projects13
authorized by any federal or state law as it shall see fit.14
(14)(12) To appoint officers, agents, and employees; to prescribe their duties15
and to fix their compensation which shall be payable out of district funds. To16
borrow money and pledge all or part of its revenues, leases, rents, and other17
advantages as security for such loans.18
(15) To incur debt for any one or more of its lawful purposes set forth in19
this Section herein, to issue in its name negotiable bonds, notes, certificates of20
indebtedness, or other evidences of debt and to provide for the security and21
payment thereof.22
(16) To issue, or secure the issuance of, refunding bonds to refund any23
outstanding bonds issued pursuant to this Section. Such refunding bonds may24
be exchanged for the outstanding bonds or may be sold and the proceeds25
applied to the purchase, redemption, or payment of the outstanding bonds or26
deposited in escrow for the retirement of such bonds. The refunding bonds shall27
be authorized in all respects as original bonds are herein required to be28
authorized, and the district, in authorizing the refunding bonds, shall provide29 SB NO. 761
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words in boldface type and underscored are additions.
for the security of the bonds, the sources from which the bonds are to be paid1
and for the rights of the holders thereof in all respects as herein provided for2
other bonds issued under the authority of this Part. The district may also3
provide that the refunding bonds shall have the same priority of lien on the4
taxes, income, and revenues pledged for their payment as was enjoyed by the5
bonds refunded.6
(17) To borrow the amount of the anticipated ad valorem tax the district7
is authorized to levy hereunder, not to exceed ten mills, for a period not to8
exceed twenty years and may issue certificates of indebtedness therefor and may9
dedicate the avails of the tax for the payment thereof for the period of time said10
certificates are outstanding.11
(18) To appoint officers, agents, and employees and to prescribe their12
duties and to fix their compensation which shall be payable out of district funds.13
(19)(13) To recommend to the mayor and the council a program of projects14
within the district to be financed by special liens against the properties improved by15
the program.16
(20) To use or allow the use of any facilities, land and improvements17
within the district or ever owned or leased by the district for any lawful18
purpose.19
(21) The board of commissioners of the district shall be the appropriate20
governing body for all purposes provided in the Louisiana Enterprise Zone Act,21
R.S. 51:1781, et seq., within the area comprised of property owned and formerly22
owned by the district, and shall have the power to perform all acts specified by23
applicable laws and regulations to achieve such purpose.24
(14) (22) To report to the mayor and the council, at least quarterly, on the25
problems within the district and progress made in amelioration of the problems.26
* * *27
§4706. Use of district funds; change in level of services28
A. Except as provided in Subsection B of this Section; funds Funds received29 SB NO. 761
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by the board of commissioners of the district from taxes levied, bonds issued, or any1
other source or combination of sources, shall only be used for the benefit of the2
district or for projects or services within the district.3
B. In the event that the level of services is increased or decreased for the city,4
the increase or decrease shall not discriminate against, or cause a disadvantage to the5
special municipal district created hereby. Nor shall there be any diversion by the city6
of its municipal funds from any part or section thereof because of its inclusion in or7
exclusion from the special municipal district, designated as the "New Orleans8
Regional Business Park."9
C. For a period of thirty days from the date of publication of any10
resolution or ordinance authorizing the issuance of any bonds, certificates of11
indebtedness, notes, or other evidence of debt of the district, any interested12
person may contest the legality of such resolution or ordinance and the validity13
of such bonds, certificates of indebtedness, notes, or other evidence of debt14
issued or proposed to be issued thereunder and the security of their payment,15
after which time no one shall have any cause of action to contest the legality of16
said resolution or ordinance or to draw in question the legality of said bonds,17
certificates of indebtedness, notes, or other evidence of debt, the security18
therefor, or the debts represented thereby for any cause whatsoever, and it shall19
be conclusively presumed that every legal requirement has been complied with,20
and no court shall have authority to inquire into such matters after the lapse of21
thirty days.22
D. The issuance and sale of such bonds, certificates of indebtedness,23
notes, or other evidence of debt by the district shall be subject to approval by24
the State Bond Commission.25
Section 2. R.S. 33:4702(H),(I) and (J) are hereby repealed.26
Section 3. This Act shall become effective upon signature by the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If29 SB NO. 761
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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
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
Duplessis (SB 761)
Present law provides for the creation, powers and duties of the New Orleans Regional
Business Park.
Present law provides for a 15-member board of commissioners who are legal residents of
the state.
Proposed law reduces the board of commissioners to 11 members who are qualified voters
in Louisiana and provides for their appointment as follows:
(1)One member appointed by Greater New Orleans, Inc.
(2)One member appointed by the state representative from District 100.
(3)One member appointed by the state representative from District 101.
(4)One member appointed by the state representative from District 103.
(5)Two members appointed by the state senator from District 2.
(6)One member appointed by the councilperson representing the council district in
which the New Orleans Regional Business Park is located.
(7)Three members appointed by the mayor of the city of New Orleans.
(8)One member appointed by the secretary of the Department of Economic
Development.
Present law provides that in the event an appointing authority fails to make an appointment
within 60 days of notice to make the appointment, the mayor shall make the appointment.
Proposed law provides that any vacancy shall be filled by the nominating entity within 60
days of receipt of written notification of the vacancy. Provides that if the entity fails to make
the appointment, the board shall make the appointment. Provides that if the board fails to
make the appointment within 60 days, the mayor shall make the appointment. Provides that
such appointment may be replaced at any time by the nominating entity.
Proposed law provides that any member who has unexcused absences for 50% or more of
the meetings, regular and special, of the board in any calendar year shall be disqualified and
removed automatically from office and that person's position shall be vacant, as of the first
day of the succeeding calendar year. Such vacated position shall be filled by the respective
nominating entity for the balance of the vacated term. The former member shall not be
eligible for reappointment until expiration of the balance of the vacated term.
Present law provides that any member of the board appointed may be removed by his
respective appointing authority. SB NO. 761
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words in boldface type and underscored are additions.
Proposed law retains present law and further provides that such removed may be at any time,
with or without cause.
Present law provides that the board of commissioners may also select one person as
president and three people as vice presidents to be in charge of marketing, operations, and
finance respectively, who shall not be members of the board, but who shall be legal
Louisiana residents.
Proposed law provides instead that the board may select an executive director and three
directors to be in charge of marketing, operations, and finance respectively, who shall not
be members of the board, but who shall be qualified voters and Louisiana residents.
Present law authorizes the executive director, with the concurrence of the board of the
district, to hire staff and other necessary personnel as necessary.
Proposed law retain present law.
Present law provides that the board of the district shall prepare, or cause to be prepared a
plan or plans, specifying the public improvements, projects, facilities, and services proposed
to be furnished, provided, constructed or acquired, for the district, and it shall conduct such
public hearings, publish such notice with respect thereto and disseminate such information
as necessary. Present law provides for the content of the plan and the process for its
adoption.
Proposed law deletes present law.
Present law authorizes the board to levy and collect ad valorem taxes for a term not to
exceed 50 years.
Proposed law retains present law.
Present law authorizes the board to incur indebtedness for and on behalf of the district and
to issue negotiable bonds, notes and other evidence of indebtedness. Provides that the
principal amount of bonds which may be outstanding and unpaid at any one time in the
district shall never exceed the sum of $50,000,000.
Proposed law deletes present law limit of $50,000,000.
Present law provides that the Board of Liquidation, City Debt, as organized and created, and
with the powers, duties and functions prescribed by existing laws, shall be continued so long
as any bonds authorized under present law are outstanding and unpaid.
Proposed law deletes present law.
Present law provides that the district may acquire, purchase, lease as lessee and hold and use
any property, real, personal, or mixed, tangible or intangible, or any interest therein
necessary or desirable for carrying out the purposes of the district, and to sell, lease as lessor,
transfer, or dispose of any property or interest therein acquired by it.
Proposed law retains present law and provides that the district may also transfer or convey
any property or interest acquired by it.
Proposed law provides that the district may lease or sublease, as lessor or lessee or sublessor
or subleasee, all or portion of any property at a fixed or variable rental without advertisement
for public bids.
Present law provides that the district may: SB NO. 761
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(1)Acquire facilities.
(2)Enter into agreements.
(3)Enter contracts.
(4)Let contracts for construction or acquisition.
(5)Fix rental rates.
(6)Cooperate with state or federal government or any other political subdivision or
department or agency on projects or to accept gifts, grants and donations therefrom.
(7)Issue refunding bonds.
(8)Report quarterly to the mayor and city council.
Proposed law retains present law.
Proposed law adds to the district's authority the following:
(1)In its own name and behalf, to incur debt, and to issue general obligation bonds for
the establishment, operation, and maintenance of district property as an industrial
park or to carry out the other public purposes without election, to issue revenue
bonds, borrow money, and issue certificates of indebtedness, notes, and other debt
obligations as evidence thereof and provide for the manner and method of
repayment.
(2)To require and issue licenses, to regulate the imposition of fees and rentals charged
by the district for services rendered by it or fees or rentals charged for use of
privately-owned facilities located on district property when such facilities are offered
for use by the public or by a private industrial, commercial, research, or other
economic development entity or activity.
(3)To develop, activate, construct, exchange, acquire, expropriate, improve, repair,
operate, maintain, lease, mortgage, sell, and pledge movable and immovable
property, servitudes, facilities, and works under such terms and conditions as the
district may deem necessary or appropriate for any public purpose, including
industrial and commercial development.
(4)To incur debt for any one or more of its lawful purposes, to issue in its name
negotiable bonds, notes, certificates of indebtedness, or other evidences of debt and
to provide for the security and payment thereof.
(5)To borrow the amount of the anticipated ad valorem tax the district is authorized to
levy here under, not to exceed ten mills, for a period not to exceed 20 years and may
issue certificates of indebtedness therefor and may dedicate the avails of the tax for
the payment thereof for the period of time the certificates are outstanding.
(6)To appoint officers, agents, and employees and prescribe their duties and fix their
compensation which shall be payable out of district funds.
(7)To use or allow the use of any facilities, land and improvements within the district
owned or leased by the district for any lawful purpose.
(8)Shall be the appropriate governing body for all purposes provided in the Louisiana
Enterprise Zone Act, within the area comprised of property owned and formerly
owned by the district, and shall have the power to perform all acts specified by SB NO. 761
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applicable laws and regulations to achieve such purpose.
Proposed law provides that for a period of 30 days from the date of publication of any
resolution or ordinance authorizing the issuance of any bonds, certificates of indebtedness,
notes, or other evidence of debt of the district, any interested person may contest the legality
of such resolution or ordinance and the validity of such bonds, certificates of indebtedness,
notes, or other evidence of debt issued or proposed to be issued and the security of their
payment, after which time no one shall have any cause of action to contest the legality of the
resolution or ordinance or to draw in question the legality of the bonds, certificates of
indebtedness, notes, or other evidence of debt, the security therefor, or the debts represented
thereby for any cause. Provides that it shall be conclusively presumed that every legal
requirement has been complied with, and that no court shall have authority to inquire into
such matters after the lapse of 30 days .
Proposed law provides that the issuance and sale of such bonds, certificates of indebtedness,
notes, or other evidence of debt by the district shall be subject to approval by the State Bond
Commission.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:4701(A), 4702(B)(1), (2), (4) and (6)(b), (C), (E), (F), (G), 4703(A) and
(C), and 4706(A) and (B); adds R.S. 33:4701(C), 4702(B)(3) and (D), and 4706(C) and (D);
repeals R.S. 33:4702(H), (I) and (J))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill.
1. Makes technical corrections.
2. Changes board from 10 members to 11 members.