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Regular Session, 2011
SENATE BILL NO. 120
BY SENATOR MURRAY
SPECIAL DISTRICTS. Provides relative to French Quarter-Marigny Historic Area
Management District. (8/15/11)
AN ACT1
To amend and reenact the heading of Part V of Chapter 16 of Title 25 of the Louisiana2
Revised Statutes of 1950, and R.S. 25:796, 797(A)(5) and (B), 798(1) and (3),3
799(A)(1), (B), (C)(1)(b), (g), (j), and (k), (D)(2)(b), (F), (I), and (K)(2) and to repeal4
R.S. 25:799(J)(3), relative to the French Quarter-Marigny Historic Area Management5
District; to provide relative to the name, boundaries, purpose, powers, governance,6
and funding of the district; to remove authority for special ad valorem tax and parcel7
fee; to provide for the creation of subdistricts; and to provide for related matters.8
Notice of intention to introduce this Act has been published.9
Be it enacted by the Legislature of Louisiana:10
Section 1. The heading of Part V of Chapter 16 of Title 25 of the Louisiana Revised11
Statutes of 1950, and R.S. 25:796, 797(A)(5) and (B), 798(1) and (3), 799(A)(1), (B),12
(C)(1)(b), (g), (j), and (k), (D)(2)(b), (F), (I), and (K)(2) are hereby amended and reenacted13
to read as follows:14
PART V. FRENCH QUARTER -MARIGNY HISTORIC AREA15
MANAGEMENT DISTRICT16
§796. Short title17 SB NO. 120
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This Part shall be referred to as the "French Quarter -Marigny Historic Area1
Management District."2
§797. Findings; declaration of necessity; and purpose3
A. The legislature finds that:4
* * *5
(5) Although the city of New Orleans increased its funding of sanitation and6
public safety services in the French Quarter and Marigny Triangle post-Katrina, the7
city's resources are limited and must be divided city-wide among its many8
neighborhoods destroyed by Hurricane Katrina. Therefore, to protect and improve9
Louisiana's tourism industry and economy and to preserve public health, safety, and10
welfare, it is necessary and essential for the state to assist in revitalizing New11
Orleans' flagging tourism industry by creating and funding, subject to appropriations,12
an historic area management district to respond to post-Katrina dynamics that is13
composed of the state's most historic district, the French Quarter, and a section of its14
third most historic district, the Faubourg Marigny.15
B. Purpose. The purpose of the district shall be to strengthen the district as16
a National Historic Landmark, a historic residential district, and a vital17
component of Louisiana's tourism industry by investing and reinvesting public funds18
in the district to aid in the preservation of the district's architecture, quaint charm,19
and tout ensemble, to beautify its appearance, to improve public safety, to foster20
quality experiences and quality of life within its boundaries, and to improve21
commercial and residential vitality; thereby vastly increasing the quantity of the22
district's local, national, and international visitors and full-time residents, as well as23
to protect and improve the tourism industry and to promote economic development24
throughout the state.25
§798. Definitions26
As used in this Part, unless the context requires otherwise, the following27
terms shall have the following meaning:28
(1) "Board" means the board of commissioners of the French Quarter -29 SB NO. 120
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Marigny Historic Area Management District.1
* * *2
(3) "District" means the French Quarter -Marigny Historic Area Management3
District.4
§799. Creation of the French Quarter -Marigny Historic Area Management District5
A. Creation. (1) There is hereby created within the city of New Orleans a6
body politic and corporate which shall be known as the French Quarter -Marigny7
Historic Area Management District. The district shall be a political subdivision of8
the state, as defined in the Constitution of Louisiana, to exist until June 30, 20149
2021, unless such date is extended by law.10
* * *11
B. Boundaries. The district shall be comprised of the area of the city of New12
Orleans lying within the following boundaries: the Mississippi River, the center line13
of Canal Street, the rear property line of the properties fronting on the lake side of14
North Rampart Street, the rear property line of the properties fronting on the15
downriver side of Esplanade Avenue, the rear property line of the properties fronting16
on the lake side of Royal Street, the rear property line of the properties fronting on17
the upriver side of Touro Street, the rear property line of the properties fronting on18
the lake side of North Rampart Street, and the center line of Elysian Fields Avenue19
to the Mississippi River.20
C. Governance. (1) The district shall be governed by a board of21
commissioners consisting of thirteen members as follows:22
* * *23
(b) One person who is either domiciled, owns or operates a business, or24
employed full-time, and a qualified elector in the district, appointed by the Vieux25
Carre Property Owners, Residents and Associates, Inc.26
* * *27
(g) One person who is either employed full-time, or owns or operates a28
business, in the district, appointed by the Bourbon Street Merchants Association.29 SB NO. 120
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Bourbon Business Alliance.1
* * *2
(j) One person who is domiciled, owns or operates a business located, or is3
employed full-time, and a qualified elector in the district, appointed by the French4
Quarter Citizens, Inc.5
(k) One person who is domiciled, owns or operates a business, or is employed6
full-time, and a qualified elector in the district, appointed by the Faubourg Marigny7
Improvement Association, Inc. North Rampart Main Street, Inc.8
* * *9
D. * * *10
* * *11
(2) Notwithstanding any power or authority granted elsewhere in this Part,12
the board shall have no power or authority:13
* * *14
(b) Related to creating bond indebtedness, exercising eminent domain,15
zoning, regulating historic preservation or land use, permitting, or prosecuting or16
citing violations. Notwithstanding the foregoing, the board shall have the power and17
authority to prosecute and to cite violations if the governing authority of the city of18
New Orleans delegates such power and authority to the board.19
* * *20
F. Funding. The board may apply for, contract for, receive, and expend for21
its purposes any appropriation or grant from the state, its political subdivisions, the22
federal government, or any other public or private source. However, the board shall23
use the proceeds of a tax or parcel fee authorized by Subsection I of this Section24
solely for the purposes described in that Subsection.25
* * *26
I. Taxing authority. (1) The governing authority of the city of New Orleans27
is hereby authorized to levy and collect annually a special ad valorem tax or parcel28
fee described in this Subsection on each parcel located in the district subject to and29 SB NO. 120
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in accordance with the provisions of this Subsection.1
(2) The amount of the annual tax or parcel fee shall be as follows, based on2
the classification of the parcel:3
(a) For each Tier One Parcel, a flat parcel fee of one hundred eighty-five4
dollars per year.5
(b) For each Tier Two Parcel, a flat parcel fee of three hundred ninety- five6
dollars per year.7
(c) For each Tier Three Parcel, an ad valorem tax in the amount of two and8
one-half mills per year on the assessed value of the parcel for 2009.9
(3) The parcels that shall be classified as Tier Three Parcels and the amount10
of the annual tax assessed against a Tier Three Parcel are fixed based on the assessed11
value of that parcel in 2009 and shall not increase or decrease with an increase or12
decrease in the assessed value of the parcel.13
(4) The amount of the tax or parcel fee for each parcel classification shall be14
fixed and shall not change prior to the expiration of the term of this tax or parcel fee.15
(5) The following defined terms are used in this Subsection:16
(a) The term "parcel" means a tract of land in the district, including all17
buildings and improvements thereon, excluding any property that is exempt in full18
from ad valorem taxation.19
(b) The term "Tier One Parcel" means a parcel that is used solely for20
residential purposes as either a single family dwelling or a multiple family dwelling21
with no more than four residential units. If any unit or portion of the parcel is used22
for commercial or any other non-residential purpose, the entire parcel shall not be23
a Tier One Parcel and instead shall be classified as either a Tier Two Parcel or a Tier24
Three Parcel. Except for a timeshare unit, which is classified as provided in this25
Subsection, a parcel that is used in whole or in part for short term rentals of less than26
sixty days at a time shall not be a Tier One Parcel and instead shall be classified as27
either a Tier Two Parcel or a Tier Three Parcel.28
(c) The term "Tier Two Parcel" means a parcel that does not qualify as a Tier29 SB NO. 120
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One Parcel and for which the amount of ad valorem taxes payable with respect to1
that parcel for 2009 was less than $50,000.2
(d) The term "Tier Three Parcel" means a parcel that does not qualify as a3
Tier One Parcel and for which the amount of ad valorem taxes payable for 2009 was4
equal to or exceeded $50,000.5
(6) Each condominium parcel as defined in R.S. 9:1121.103 shall be a6
separate parcel for purposes of this Subsection, and, pursuant to R.S. 9:1121.105, the7
tax or parcel fee authorized by this Subsection shall be assessed against each8
individual condominium parcel. However, condominium property consisting9
exclusively of parking spaces shall be deemed to be a single parcel and the tax or10
parcel fee authorized by this Subsection shall be assessed against the entire11
condominium property as a single entity and shall be payable by the condominium12
association.13
(7) Each timeshare unit as defined in R.S. 9:1131.2 (and not each use period)14
shall be classified as a separate parcel for purposes of this Subsection, and, pursuant15
to R.S. 9:1131.9, the tax or parcel fee authorized by this Subsection shall be assessed16
against the timeshare property as a single entity unless the timeshare property is17
subject to the Louisiana Condominium Act, R.S. 9:1121.101 et seq., in which case18
the tax or parcel fee shall be assessed as provided in R.S. 9:1121.105.19
(8) No tax or parcel fee shall be imposed under this Subsection upon any20
parcel whose owner qualifies under the Louisiana Special Assessment Level21
pursuant to Article VII, Section 18(G)(1) of the Constitution of Louisiana.22
(9) The proceeds of the tax and parcel fee shall be used solely and exclusively23
for the following purposes:24
(a) Public safety, security, and crime prevention.25
(b) Hiring an executive director.26
(c) Reasonable operating and administrative expenses of the district.27
(10) (a) The tax or parcel fee shall be levied and collected only after the28
question of its imposition has been submitted to and approved by a majority of29 SB NO. 120
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registered voters of the district voting on the question at an election to be conducted1
in accordance with the Louisiana Election Code on a date selected by the board.2
(b) The authority to levy the tax or parcel fee shall expire after the levy of the3
tax or parcel fee for 2014.4
(c) The tax or parcel fee authorized by this Subsection may be renewed for5
an additional term not to exceed five years only after both of the following have6
occurred:7
(i) The renewal is authorized by additional legislation.8
(ii) The question of renewal is submitted to and approved by a majority of9
registered voters of the district voting on the question at an election to be conducted10
in accordance with the Louisiana Election Code on a date selected by the board.11
(11) The tax or parcel fee shall be collected in the same manner and at the12
same time as ad valorem taxes on property subject to taxation by the city are levied13
and collected.14
(12) Any tax or parcel fee which is unpaid shall be added to the tax rolls of15
the city and shall be enforced with the same authority and subject to the same16
penalties and procedures as unpaid ad valorem taxes.17
(13) The proceeds of the tax or parcel fee shall be paid over to the Board of18
Liquidation, City Debt, day-by-day as the same are collected and received by the19
appropriate officials of the city of New Orleans and maintained in a separate account.20
The proceeds shall be paid out by the Board of Liquidation, City Debt, solely for the21
purposes provided in this Subsection upon warrants or drafts on the Board of22
Liquidation, City Debt, by the appropriate officials of the city and the treasurer of23
the district.24
(14) It is the purpose and intent of this Subsection that any services provided25
by the district shall be for the enhancement of public safety, security, and crime26
prevention in the district and shall be supplemental to, and not in lieu of, personnel,27
police, and other services provided in the district by the city of New Orleans and its28
agencies and departments.29 SB NO. 120
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(15) If the district ceases to exist, the authority to levy the tax or parcel fee1
provided by this Subsection shall immediately cease and all remaining unspent funds2
of the district, if any, shall be transmitted to the city of New Orleans and such funds3
shall be maintained in a separate account by the city and shall be used only for4
enhancement of public safety, security, and crime prevention in the district.5
I. Subdistricts. (1) The district shall consist of four subdistricts: the6
Vieux Carre, the Iberville Corridor, the Treme, and the Faubourg Marigny.7
(a) The Vieux Carre subdistrict shall be comprised of the area of the8
district lying within the following boundaries: the Mississippi River, the center9
line of Iberville Street, the center line of North Rampart Street, the center line10
of Esplanade Avenue to the Mississippi River.11
(b) The Iberville Corridor subdistrict shall be comprised of the area of12
the district lying within the following boundaries: the Mississippi River, the13
center line of Canal Street, the center line of North Rampart Street, the center14
line of Iberville Street to the Mississippi River.15
(c) The Treme subdistrict shall be comprised of the area of the district16
lying within the following boundaries: the center line of Canal Street, the rear17
property line of the properties fronting on the lake side of North Rampart18
Street, the rear property line of the properties fronting on the down river side19
of Esplanade Avenue, the center line of North Rampart Street to the center line20
of Canal Street.21
(d) The Faubourg Marigny subdistrict shall be comprised of the area of22
the district lying within the following boundaries: the Mississippi River, the23
center line of Esplanade Avenue, the center line of North Rampart Street, the24
rear property line of the properties fronting on the down river side of Esplanade25
Avenue to the Mississippi River.26
* * *27
K. Miscellaneous.* * *28
* * *29 SB NO. 120
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(2) A person who serves as a member of the board or a committee of the1
district shall not be individually liable for any act or omission as provided in R.S.2
9:2792.4 or any other provision of law.3
Section 2. R.S. 25:799(J)(3) is hereby repealed in its entirety.4
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
Murray (SB 120)
Present law creates the French Quarter-Marigny Historic Area Management District and
provided for the district's boundaries.
Proposed law retains present law but changes the name of the district to the French Quarter
Management District and changes the boundaries.
Present law provides that the purpose of the district shall be to strengthen the district as a
vital component of Louisiana's tourism industry by investing and reinvesting public funds
in the district to aid in the preservation of the district's architecture, quaint charm, and tout
ensemble, to beautify its appearance, to improve public safety, to foster quality experiences
and quality of life within its boundaries, and to improve commercial and residential vitality;
thereby vastly increasing the quantity of the district's local, national, and international
visitors and full-time residents, as well as to protect and improve the tourism industry and
to promote economic development throughout the state.
Proposed law retains present law but adds the distinctions of National Historic Landmark
and historic residential district to the French Quarter Management District.
Present law provides that the district shall be governed by a board of commissioners
consisting of thirteen members as follows:
(a) The chairman of the Vieux Carre Commission or his designee.
(b) One person who is either domiciled, owns or operates a business, or employed full-
time, in the district, appointed by the Vieux Carre Property Owners, Residents and
Associates, Inc.
(c) One person who either owns one or more restaurants in the district or is a corporate
representative of a company owning and operating one or more restaurants in the
district, appointed by the Louisiana Restaurant Association, Inc.
(d) One person who is either employed full-time, or owns or operates a hotel, in the
district between the center line of Canal Street and the middle of Iberville Street,
appointed by the Greater New Orleans Hotel and Lodging Association, Inc.
(e) One person who is either employed full-time, or owns or operates a hotel, in the
Vieux Carre or Faubourg Marigny sections of the district, appointed by the Greater
New Orleans Hotel and Lodging Association, Inc.
(f) One person who is either employed full-time, or owns or operates a business, in the
district, appointed by the French Quarter Business Association of Louisiana. SB NO. 120
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(g) One person who is either employed full-time, or owns or operates a business, in the
district, appointed by the Bourbon Street Merchants Association.
(h) One person who owns a business headquartered in the district, appointed by the
mayor of New Orleans.
(i) One person who is domiciled and a qualified elector in either of the parts of the
Vieux Carre designated as VCR-1 or VCR-2, appointed by the mayor of New
Orleans.
(j) One person who is domiciled, owns or operates a business located, or is employed
full-time, in the district, appointed by the French Quarter Citizens, Inc.
(k) One person who is domiciled, owns or operates a business, or is employed full-time,
in the district, appointed by the Faubourg Marigny Improvement Association, Inc.
(l) One person who is employed full-time or owns or operates a business, in the district,
appointed by the New Orleans Metropolitan Convention and Visitors Bureau, Inc.
(m) One person who is domiciled, employed full-time, or owns or operates a business,
in the district, appointed by the New Orleans City Council member representing City
Council District "C".
Proposed law changes the board to be constituted as follows:
(a) The chairman of the Vieux Carre Commission or his designee.
(b) One person who is domiciled and a qualified elector in the district, appointed by the
Vieux Carre Property Owners, Residents and Associates, Inc.
(c) One person who either owns one or more restaurants in the district or is a corporate
representative of a company owning and operating one or more restaurants in the
district, appointed by the Louisiana Restaurant Association, Inc.
(d) One person who is either employed full-time, or owns or operates a hotel, in the
district between the center line of Canal Street and the middle of Iberville Street,
appointed by the Greater New Orleans Hotel and Lodging Association, Inc.
(e) One person who is either employed full-time, or owns or operates a hotel, in the
Vieux Carre or Faubourg Marigny sections of the district, appointed by the Greater
New Orleans Hotel and Lodging Association, Inc.
(f) One person who is either employed full-time, or owns or operates a business, in the
district, appointed by the French Quarter Business Association of Louisiana.
(g) One person who is either employed full-time, or owns or operates a business, in the
district, appointed by the Bourbon Business Alliance.
(h) One person who owns a business headquartered in the district, appointed by the
mayor of New Orleans.
(i) One person who is domiciled and a qualified elector in either of the parts of the
Vieux Carre designated as VCR-1 or VCR-2, appointed by the mayor of New
Orleans.
(j) One person who is domiciled, and a qualified elector in the district, appointed by the
French Quarter Citizens, Inc. SB NO. 120
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(k) One person who is domiciled and a qualified elector in the district, appointed by the
North Rampart Main Street, Inc.
(l) One person who is employed full-time or owns or operates a business, in the district,
appointed by the New Orleans Metropolitan Convention and Visitors Bureau, Inc.
(m) One person who is domiciled, employed full-time, or owns or operates a business,
in the district, appointed by the New Orleans City Council member representing City
Council District "C".
Present law provides that the board shall have the power and authority to cite violations if
the governing authority of the city of New Orleans delegates such power and authority to the
board.
Proposed law retains present law but gives the board the power and authority to prosecute
violations if the governing authority of the city of New Orleans delegates such power and
authority to the board.
Present law provides for the taxing authority of the district.
Proposed law removes the taxing authority of the district.
Proposed law provides for the creation of subdistricts. These subdistricts shall be:
1. The Vieux Carre.
2. The Iberville Corridor.
3. The Treme.
4. The Faubourg Marigny.
Effective August 15, 2011.
(Amends the heading of Part V of Chapter 16 of Title 25 and R.S. 25:796, 797(A)(5) and
(B), 798(1) and (3), 799(A)(1), (B), (C)(1)(b), (g), (j), and (k), (D)(2)(b), (F), (I), and (K)(2);
repeals R.S. 25:799(J)(3))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Corrects the spelling of Vieux Carre.