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Regular Session, 2013
HOUSE BILL NO. 289
BY REPRESENTATIVE HARRIS
PORTS/HARBORS/TERMINALS: Provides with respect to the Alexandria Regional Port
AN ACT1
To amend and reenact R.S. 34:335.1, 335.2, 335.3(A), (B), (C), and (E), 335.4(A), 335.5(C),2
335.6, and 338.4 and to enact R.S. 34:338.5, relative to the Alexandria Regional3
Port; to provide for territorial limits of the port; to provide for the board of4
commissioners of the port and its membership, duties, and powers, including the5
power to levy taxes, incur debt, issue and sell bonds, advertise local notices, refund6
bonds, and the defeasance of securities of public entities; to provide for an effective7
date; and to provide for related matters.8
Notice of intention to introduce this Act has been published9
as provided by Article III, Section 13 of the Constitution of10
Louisiana.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 34:335.1, 335.2, 335.3(A), (B), (C), and (E), 335.4(A), 335.5(C),13
335.6, and 338.4 are hereby amended and reenacted and R.S. 34:338.5 is enacted to read as14
follows:15
§335.1. Creation and territorial limits16
The Alexandria Regional Alexandria-Pineville Regional Port Authority17
hereinafter referred to as the "port", is hereby created as a political subdivision of the18
state, and its territorial limits shall be concurrent with that of the municipal limits of19
the city of Alexandria territorial limits of Rapides Parish.20 HLS 13RS-648 ORIGINAL
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§335.2. Board of commissioners; membership; officers; meetings1
A. The port shall be governed by a board of commissioners composed of2
eight nine members, hereinafter referred to as the "board of commissioners" who3
shall serve without compensation and who shall be appointed for terms as follows:4
(1) Five of the commissioners shall be appointed by the mayor of the city of5
Alexandria and confirmed by the Alexandria City Council. Each commissioner shall6
be a citizen of the United States, a qualified voter of the state of Louisiana, and a7
resident of the city of Alexandria.8
(2) Three of the commissioners shall be appointed as follows: by the mayor9
of the city of Pineville and confirmed by the Pineville governing authority.10
(a) (3) One commissioner shall be appointed at large by the parish governing11
authority of Rapides Parish by the remaining incorporated municipalities in Rapides12
Parish, based upon approved resolution of the respective boards of aldermen, known13
as the "small towns appointment".14
(b) (4) One commissioner appointed at large by the parish governing15
authority of Grant Parish. The Rapides Parish police jury shall approve the small16
towns appointment nomination unless the nomination is rejected for any reason. In17
the event of rejection of the initial nomination, the remaining incorporated18
municipalities shall submit a different nomination within thirty days of notice of the19
rejection of the nomination, which shall be transmitted to the mayors of the20
municipalities of Ball and Woodworth by certified mail, as well as publication of the21
resolution rejecting such nomination in the official parish journal.22
(c) (5) One commissioner appointed at large by the parish governing23
authority of Avoyelles Parish In the event the second small towns nomination is24
rejected, then the appointment shall be made within thirty days by the Rapides Parish25
Police Jury.26
(6) If at any time, after the passage of thirty days following the notice by27
certified mail from the Rapides Parish Police Jury, the small towns appointment is28 HLS 13RS-648 ORIGINAL
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not submitted by formal resolution to the mayors of the municipalities of Ball and1
Woodworth, then the Rapides Parish Police Jury shall make the appointment.2
B.(1) One of the commissioners initially appointed by the mayor shall serve3
an initial term of one year. Two of the commissioners initially appointed by the4
mayor shall serve an initial term of two years. Two of the commissioners initially5
appointed by the mayor shall serve an initial term of three years. Thereafter, the6
successors to each of the commissioners appointed by the mayor shall be appointed7
for terms of four years. The commissioners representing the Red River Waterway8
Commission shall serve terms concurrent with their terms on that commission. Each9
commissioner appointed shall be a citizen of the United States and a domiciliary of10
and qualified voter of Rapides Parish for at least one year preceding the date of his11
appointment and during the entirety of his term in office.12
(2) To the extent possible, persons appointed to the board of commissioners13
shall be individuals with expertise in one or more of the following areas:14
(a) Economic development.15
(b) Public finance or administration.16
(c) Senior level management.17
(d) Urban planning.18
(e) Banking or finance.19
(f) Practice of law, medicine, or another licensed profession.20
(g) Public relations21
(h) Construction.22
(i) Real estate, appraisal, or commercial development.23
(j) Labor.24
C. In the event that any commissioner ceases to be a commissioner for any25
reason, his successor shall be appointed in the same manner as the original26
appointment and shall serve for the remainder of the unexpired term. The27
commissioners initially appointed by the mayor of Alexandria shall serve an initial28
term of one year. Thereafter, the successors to each of the commissioners appointed29 HLS 13RS-648 ORIGINAL
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by the mayor of Alexandria shall be appointed for terms of four years. The1
commissioners initially appointed by the mayor of Pineville shall serve an initial2
term of two years. Thereafter, the successors to each of the commissioners appointed3
by the mayor of Pineville shall be appointed for terms of four years. The initial4
small towns appointment shall serve a term of four years.5
D.(1) Any commissioner who fails to attend fifty percent or more of the6
board of commissioners meetings, regular and special, in any calendar year shall be7
disqualified and automatically removed from office, and that commissioner's8
position shall be vacant, as of the first day of the succeeding calendar year. Such9
vacated position shall be filled by the respective nominating entity for the remainder10
of the vacated term. The former commissioner shall not be eligible for reappointment11
until the expiration of the balance of the vacated term.12
(2) Any vacancy in the membership of the board occurring by reason of13
expiration of term of office, or by reason of death, resignation, disqualification, or14
otherwise, shall be filled by the respective nominating entity within thirty days after15
receipt of written notice of the vacancy. In the event that the respective nominating16
entity fails to fill the vacancy within thirty days after the receipt of written17
notification of the vacancy, the board shall appoint an interim successor to serve on18
the board until the position is filled by the respective nominating entity responsible19
for the appointment of such member. If the board fails to fill a vacancy in its20
membership within such thirty-day period, any two authorities of either the Rapides21
Parish Police Jury, city of Alexandria, or city of Pineville by resolutions adopted by22
a majority thereof, shall appoint an interim successor to serve on the board until the23
position is filled by the respective nominating entity responsible for the appointment24
of such member.25
D. E. The board of commissioners shall elect from among its members a26
president, who shall have no vote except in the event of a tie vote, a vice president,27
a secretary, and a treasurer, whose respective duties shall be prescribed by the board.28
At the option of the board of commissioners, the offices of the secretary and29 HLS 13RS-648 ORIGINAL
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treasurer may be held by one person. The board of commissioners shall meet in1
regular session once each month and shall also meet in special session at the call of2
the president of the commission board or on the written request of five members of3
the board. A majority of the members of the board of commissioners shall constitute4
a quorum, and all actions or resolutions of the board shall be approved by the5
affirmative vote of not less than a majority of the members of the board at the6
meeting. The board of commissioners shall prescribe rules governing its meetings7
and shall fix a place at which the meetings shall be held.8
§335.3. Authority, powers, and duties of board; officers; agents9
A. The board of commissioners shall exercise the powers herein conferred10
upon it within the port area, consisting of the entire city of Alexandria, including the11
port facility owned by the city of Alexandria entirety of Rapides Parish.12
B.(1) The board of commissioners may authorize a reasonable travel13
allowance for its members in the performance of their official duties. The board of14
commissioners may further reimburse to its members actual expenses incurred in the15
performance of their official duties on behalf of the port.16
(2) It The board of commissioners may employ an executive director and17
other such officers, agents, and employees as it finds necessary in the performance18
of its duties, and it may prescribe the duties, powers, and compensation of the19
officers, agents, and employees. The board of commissioners, on terms as it agrees20
upon, may contract for legal, financial, engineering, and other professional services21
necessary or expedient in the conduct of its affairs, and, on terms and conditions22
mutually agreeable, may utilize the services of other executive departments of the23
state. 24
(3) The board of commissioners may adopt bylaws and other rules and25
regulations to conduct port business.26
(4) The board of commissioners shall adopt an annual budget in accordance27
with the Local Government Budget Act, R.S. 39:1301 et seq. The port shall be28
subject to audit by the legislative auditor pursuant to R.S. 24:513.29 HLS 13RS-648 ORIGINAL
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(5) The board of commissioners shall cause minutes and records to be kept1
of all its proceedings and it shall select a newspaper of general circulation within its2
territorial jurisdiction as its official journal in which it shall publish its minutes and3
official notices as required by law.4
C.(1) In addition to the powers and duties elsewhere granted in this Part, the5
board of commissioners may exercise all powers necessary for the operation of a6
freshwater inland port. The board of commissioners shall regulate the commerce and7
traffic within the port area Rapides Parish in a manner as may, in its judgment, be8
for the best interests of the state.9
(2) The board shall have charge of, operate, and administer public wharves,10
docks, sheds, and landings on the Red River within the territorial jurisdiction of11
Rapides Parish.12
(3) It The board of commissioners may:13
(a) Construct or acquire and equip wharves, landings, and other structures14
useful for the commerce of the port and provide mechanical facilities therefor.15
(b) Erect sheds or other structures on the wharves and landings.16
(c) Provide light, water, police protection, and other services for its facilities17
as it deems advisable.18
(d) Construct or acquire, maintain, and operate basins, locks, canals,19
warehouses, and elevators.20
(e) Charge for the use of all facilities administered by it and for all services21
rendered by it.22
(f) Establish fees, rates, tariffs, or other charges as it deems fit. 23
(g) Establish harbor lines within the port area by agreement with the United24
States Army Corps of Engineers. 25
(h) Construct, own, operate, and maintain terminal rail facilities and other26
common carrier rail facilities for the purpose of rendering rail transportation to and27
from the facilities to be erected, owned, and operated by the port in both intrastate28
and interstate commerce. 29 HLS 13RS-648 ORIGINAL
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(3) Title to all property and improvements acquired by the port shall rest in1
the port. 2
(i) Sue and be sued.3
(j) Acquire by gift, grant, purchase, lease, expropriation, or otherwise, and4
hold and use any real property, real, personal, or mixed, tangible or intangible, or any5
interest therein necessary or desirable for carrying out the objects and purposes of6
the port.7
(k) Sell, transfer, and convey any property acquired by it, or any interest8
therein at any time, to accomplish the objects and purposes of the port.9
(l) Enter into contracts, cooperative endeavors, or intergovernmental10
agreements to achieve the authority's objects and purposes, including but not limited11
to professional services agreements and other agreements for the purchase, lease,12
acquisition, sale, construction, operation, maintenance, and improvements of land,13
public works, and facilities, as the board of commissioners may deem necessary or14
convenient to accomplish the objects and purposes of the port.15
(m) Borrow money and pledge all or part of its revenues, leases, rentals, and16
other advantages as security for such loans. No bonds, other debt obligations, or17
contracts of the port shall be a charge upon the income, property, or revenue of18
Rapides Parish, the city of Alexandria or the city of Pineville, nor any other19
municipality in the parish; nor shall any obligations of the port be obligations of20
these governmental entities.21
(n) Allow the use of any facilities, land, and improvements owned by the22
port for any lawful purpose.23
(4) The board of commissioners shall be the appropriate governing body for24
all purposes provided in the Louisiana Enterprise Free Zone Act, R.S. 51:1781 et al.,25
within the area comprised of property owned or formerly owned by the port, and26
shall have the power to perform all such acts specified by applicable laws and27
regulations to achieve such purposes.28
* * *29 HLS 13RS-648 ORIGINAL
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E. The board of commissioners may make and enter into contracts, leases,1
and other agreements with political subdivisions, including the city of Alexandria2
and the city of Pineville, for the management and operation of port and ancillary3
facilities, including industrial park property adjacent to the port facility. This right4
shall include the construction and operation of warehouses, storage facilities, and5
other buildings used in connection with the port. 6
* * *7
§335.4. Authority to levy and collect taxes; issuance of bonds8
A. (1) The board of commissioners, when authorized to do so by a vote of a9
majority of the electors residing in the port Rapides Parish qualified to vote and10
voting at an election for such purpose in accordance with law, may levy annually on11
all property situated within the port subject to taxation an ad valorem tax not to12
exceed ten mills on the dollar. The board of commissioners, upon its own initiative,13
may call a special election and submit to the qualified electors of the port the14
question of authorizing the levy of such a tax. The board of commissioners shall call15
such a special election when requested to do so by a petition in writing signed by at16
least one-fourth of the qualified electors eligible to vote at such election. These17
special taxes shall be levied, assessed, and collected on the property within the port18
Rapides Parish and owned by the port under the same methods, terms, and conditions19
and at the same time as state and parish taxes are levied, assessed, and collected.20
These taxes shall be secured by the same liens upon the property subject to taxation21
within the port as taxes for state and other parish purposes. The property subject to22
any taxes within said port territorial jurisdiction of Rapides Parish shall be sold for23
failure to pay the same in the same manner as property is sold for delinquent state,24
parish, and other taxes under the laws of the state. 25
(2) The board of commissioners may incur funded general or bonded debt,26
levy taxes, and call for any tax or other election by first obtaining approval by27 HLS 13RS-648 ORIGINAL
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authorizing ordinance adopted by the governing authorities of the cities of Alexandria and1
Pineville or Rapides Parish.2
* * *3
§335.5. Testing validity of bonds; prescription; sale of bonds4
* * *5
C. The provisions of this Part shall not be deemed to supersede the6
requirements of R.S. 39:501 through 514.* Notwithstanding any provisions of this7
Part to the contrary, the provisions of R.S. 39:1421 through 1429 shall be applicable8
to the Alexandria Alexandria-Pineville Regional Port. 9
§335.6. Advertisement10
The prohibition contained in R.S. 43:111 against advertising in any11
newspaper, book, pamphlet, or periodical shall not apply to the board of12
commissioners of the Alexandria Alexandria-Pineville Regional Port in carrying out13
its functions and duties under the constitution and laws of this state.14
* * *15
§338.4. Refunding bonds16
The governing authority of the district port by resolution and in compliance17
with R.S. 34:335.4(A)(2) may authorize the issuance of refunding bonds, and such18
refunding bonds may be either sold and the proceeds applied to or deposited in19
escrow for the retirement of outstanding bonds or they may be delivered in exchange20
for the outstanding bonds. The total of principal and interest to be paid upon any21
such refunding bonds shall not exceed the total of the principal amount of the bonds22
to be refunded, the premium (if any) payable upon their redemption and the interest23
which would have been paid upon such bonds were they not to be refunded. 24
§338.5. Securities25
Bonds, certificates, or other evidences of indebtedness issued by the port or26
any subdistrict of the port, pursuant to this Part are deemed to be securities of public27
entities within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana28
Revised Statutes of 1950, and shall be subject to defeasance in accordance with the29 HLS 13RS-648 ORIGINAL
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provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, and1
may be refunded in accordance with the provisions of Chapters 14-A and 15 of the2
Louisiana Revised Statutes of 1950, and may be also issued as short-term revenue3
notes of a public entity under Chapter 15-A of Title 39 of the Louisiana Revised4
Statutes of 1950.5
Section 2. The terms of all members of the board of commissioners of the6
Alexandria Regional Port serving on August 1, 2013, shall terminate on the effective date7
of this Act, and new members of the board shall be appointed in accordance with R.S.8
34:335.2 as amended by this Act.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harris HB No. 289
Abstract: Provides with respect to the Alexandria Regional Port Authority, its boundaries
and its board of commissioners
Present law provides the territorial limits of the port shall be concurrent with the municipal
limits of the city of Alexandria. Proposed law provides the territorial limits of the port shall
be concurrent with the territorial limits of Rapides Parish.
Proposed law provides for a nine member board of commissioners, rather than an eight-
member board. Changes membership as follows:
(1)Provides that five commissioners shall be appointed by the mayor of the city of
Alexandria and confirmed by the Alexandria City Council.
(2)Removes provisions for one commissioner appointed at-large by the parish
governing authority of Rapides Parish. Provides instead for one commissioner
appointed by the remaining incorporated municipalities of Rapides Parish based on
the approved resolution by the respective board of aldermen. Such nomination is
known as the "small towns appointment".
(3)Removes provisions for one commissioner appointed at-large by the governing
authority of Grant Parish and one appointed at large by the governing authority of
Avoyelles Parish. Provides instead for three commissioners appointed by the mayor
of Pineville and confirmed by the Pineville governing authority.
Proposed law requires each commissioner appointed to be a U.S. citizen and a domiciliary
of and qualified voter in Rapides Parish for at least one year preceding the date of his
appointment and during the entirety of his term of office.
Proposed law requires appointees to be individuals with experience in one or more of the
following areas: HLS 13RS-648 ORIGINAL
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(1)Economic development.
(2)Public finance or administration.
(3)Senior level management.
(4)Urban planning.
(5)Banking or finance.
(6)Practice of law, medicine, or another licensed professions.
(7)Public relations.
(8)Construction.
(9)Real estate, appraisal, or commercial development.
(10)Labor.
Proposed law provides for staggered four-year terms for commissioners with commissioners
appointed in 2013 by the mayor of Alexandria to serve an initial term of one year,
commissioners appointed in 2013 by the mayor of Pineville to serve an initial term of two
years, and commissioners appointed in 2013 as the small towns appointment shall serve an
initial term of four years.
Proposed law provides that any commissioner who does not attend at least half of the board
meetings annually shall be automatically removed from office. Provides that the vacant
position shall be filled by the respective nominating entity for the remainder of the vacated
term. Provides that the former commissioner shall not be eligible for appointment until the
expiration of the remainder of the vacated term.
Proposed law provides that in the event of a vacancy occurring due to expiration of term of
office, or by reason of death, resignation, disqualification, or otherwise, shall be filled by the
respective nominating entity within thirty days after receipt of written notice of the vacancy.
In the event that the respective nominating entity fails to fill the vacancy within thirty days
after the receipt of written notification of the vacancy, the board shall appoint an interim
successor to serve in the board until the position is filled by the respective nominating entity
responsible for the appointment of such member. If the board fails to fill a vacancy in its
membership within such thirty day period, any two authorities of either the Rapides Parish
Police Jury, city of Alexandria, or city of Pineville by resolutions adopted by a majority
thereof, shall appoint an interim successor to serve on the board until the position is filled
by the respective nominating entity responsible for the appointment of such member.
Present law provides for the board of commissioners to exercise powers within the port area,
consisting of the city of Alexandria. Proposed law provides that the board exercises powers
throughout the port area, consisting of Rapides Parish.
Proposed law modifies present law in regards to the authorities, powers, and duties of the
board of commissioners. Additional powers specified include employment of an executive
director, adopting board bylaws and other rules and regulations, the adoption of an annual
budget in accordance with the Local Government Budget Act, record keeping during all
meetings, and selecting an official journal.
Present law gives the board of commissioners power to regulate commerce and traffic within
the port area. Proposed law retains this authority and grants the board all powers necessary
for operation of a freshwater inland port. HLS 13RS-648 ORIGINAL
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Proposed law grants the board of commissioners power to operate and administer public
wharves, docks, sheds, and landings on the Red River within the territorial limits of Rapides
Parish.
Proposed law gives the board of commissioners power to:
(1)Sue and be sued.
(2)Acquire by gift, grant, purchase, lease, expropriation, or otherwise, and to hold and
use any property, real, personal, or mixed, tangible or intangible, or any interest
therein.
(3)Sell, transfer, and convey any property acquired by it or interests therein.
(4)Enter into contracts, cooperative endeavors, and agreements to achieve the port
objects and purposes, including agreements to acquire, sell, construct, operate,
maintain and improve land, public works, and facilities.
(5)Borrow money and pledge all or part of its revenues, leases, rentals, and other
advantages as security for such loans. No bonds or other debts held by the port shall
become an obligation of Rapides Parish or municipalities in the parish.
(6)Allow the use of any facilities, land, and improvements for lawful purposes.
Proposed law designates the board of commissioners as the appropriate governing body for
all purposes provided in the La. Enterprise Free Zone Act.
Present law authorizes the port to levy an ad valorem tax not to exceed 10 mills on the dollar
subject to voter approval. Proposed law specifies that the provisions apply to voters in
Rapides Parish.
Proposed law provides that the board of commissioners may incur funded general or bonded
debt, levy taxes, and call for any tax or other election by first obtaining approval by
authorizing ordinance adopted by the governing authorities of the cities of Alexandria and
Pineville or Rapides Parish.
Present law provides that the testing validity of bonds are not applicable to the Alexandria
Regional Port. Proposed law provides that the testing validity of bonds shall not be deemed
applicable to the Alexandria-Pineville Regional Port.
Present law provides that the prohibition contained in present law against advertising in any
newspaper, book, pamphlet shall not apply to the board of commissioner of the Alexandria
Regional Port. Proposed law adds Pineville under the jurisdiction of the port to the
Alexandria-Pineville Regional Port.
Proposed law provides that the governing authority of the port by resolution and in
compliance with R.S. 34:335.4(A)(2) may authorize the issuance of refunding bonds, and
such refunding bonds may be either sold and the proceeds applied to or deposited in escrow
for the retirement of outstanding bonds or they may be delivered in exchange for the
outstanding bonds.
Proposed law provides that bonds, certificates, or other evidences of indebtedness issued by
the port or any subdistrict of the port, pursuant to proposed law are deemed to be securities
of public entities within the meaning of present law, relative to securities of public entities
and fully registered securities of public entities, and shall be subject to defeasance in
accordance with present law, relative to defeasance of securities of public entities, and may
be refunded in accordance with the provisions of present law, relative to refunding of
securities of public entities and advance refunding of bonds, and may be also issued as short- HLS 13RS-648 ORIGINAL
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term revenue notes of a public entity under present law, relative to short-term revenue notes
of public entities.
Proposed law provides that the terms of board of commission members serving on Aug. 1,
2013, terminate on that date and requires that new members be appointed as provided in
proposed law.
(Amends R.S. 34:335.1, 335.2, 335.3(A), (B), (C), and (E), 335.4(A), 335.5(C), 335.6, and
338.4; Adds R.S. 34:338.5)