Louisiana 2013 2013 Regular Session

Louisiana House Bill HB327 Engrossed / Bill

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Regular Session, 2013
HOUSE BILL NO. 327
BY REPRESENTATIVE ARNOLD
DISTRICTS/SPECIAL:  Provides relative to the powers and duties of the Algiers
Development District
AN ACT1
To amend and reenact R.S. 33:2740.27(H), relative to Orleans Parish; to provide relative to2
the Algiers Development District; to provide relative to the powers and duties of the3
district and its governing board, including the district's power to act as a4
redevelopment authority; to provide relative to the redevelopment of certain property5
owned by the district; and to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 of the Constitution of8
Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 33:2740.27(H) is hereby amended and reenacted to read as follows:11
ยง2740.27. The Algiers Development District; creation, composition, and powers;12
levy of ad valorem taxes and issuance of bonds13
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H.(1) The district shall have the power to acquire, to lease, to insure, and to15
sell real or immovable property within its boundaries.16
(2)(a)(i) Notwithstanding any other provision of law to the contrary, with17
respect to any real or immovable property that is owned by the district and that either18
was formerly owned by the United States Department of the Navy and known as19
Federal City or is immediately contiguous thereto, the district may lease, insure,20 HLS 13RS-563	ENGROSSED
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mortgage or hypothecate, donate, or sell such property or otherwise contract with1
respect to the management and development of such property in any reasonable2
manner it deems necessary to fulfill its mission as a redevelopment authority.  In3
order to facilitate the redevelopment of Federal City property only, the district shall4
not be required to follow any other provision of law applicable to the sale, lease, or5
donation of property owned by a public body not otherwise governed by the6
constitution including the public lease law, R.S. 41:1211 et seq., and the public bid7
law, R.S. 38:2211 et seq., relative to the disposition of immovable property or for8
contracting with respect thereto and shall not be required to receive the approval of9
any other public entity or agency with respect to any action taken pursuant to this10
Paragraph to develop Federal City.11
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, with12
respect to the development of property pursuant to this Paragraph, the district shall13
be required to comply with all applicable zoning and permitting ordinances of the14
city of New Orleans.15
(iii) The contiguous property referred to in Item (i) of this Subparagraph16
refers only to property owned by the district on April 1, 2013.17
(b) The district may delegate its authority to make decisions necessary to18
carry out the provisions of this Paragraph to a committee composed in whole or in19
part of district board members; however, the district may reserve any authority it20
deems necessary.21
(c) The assets and income derived from the development of property22
pursuant to this Paragraph shall be used solely for the benefit of the district and all23
projects within the district, including the Federal City project. The development of24
property pursuant to this Paragraph shall be in accordance with a master plan25
approved by the district, the joint development committee for the Federal City26
project, the secretary of the Louisiana Department of Economic Development, and27
the commissioner of administration.28
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HB NO. 327
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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)]
Arnold	HB No. 327
Abstract: Provides relative to the powers and duties of the Algiers Development District,
including the district's power to act as a redevelopment authority.
Present law creates the Algiers Development District as a special taxing district comprised
of all territory within the 15th ward of Orleans Parish. Provides that for federal purposes of
military base realignment, the district shall be considered a local redevelopment authority.
Provides that the city council of New Orleans, or its successor exercising the legislative
powers of the city, shall have such power and control over, and responsibility for, the
functions, affairs, and administration of the district as are prescribed.  Provides that the
district shall be governed by a seven-member board of commissioners.
Proposed law retains present law.
Present law provides for the powers and duties of the district including the power to acquire,
to lease, to insure, and to sell real property within its boundaries.
Proposed law retains present law and clarifies that the district is authorized to acquire, lease,
insure, and sell immovable property within its boundaries.  Additionally authorizes the
district, with respect to immovable property owned by it and that either was formerly owned
by the U.S. Dept. of the Navy and known as Federal City or is immediately contiguous
thereto, to lease, insure, mortgage or hypothecate, donate, or sell the property or otherwise
contract with respect to the management and development of the property in order to fulfill
its mission as a redevelopment authority.  Specifies that the contiguous property referred to
in proposed law means property owned by the district on April 1, 2013.
Proposed law provides that in order to facilitate the redevelopment of Federal City property,
the district shall not be required to follow any other provision of law applicable to the sale,
lease, or donation of property owned by a public body not otherwise governed by the
constitution or for contracting with respect to the property.  Proposed law additionally
provides that the district shall not be required to receive the approval of any other public
entity or agency in order to take any action pursuant to proposed law to develop Federal
City. Requires the district however, to comply with all applicable zoning and permitting
ordinances of the city of New Orleans in developing property pursuant to 	proposed law.
Additionally requires that property be developed in accordance with a master plan approved
by the district, a joint development committee of Federal City, the La. Dept. of Economic
Development, and the commissioner of administration. HLS 13RS-563	ENGROSSED
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Proposed law requires that the assets and income derived from the development of property
pursuant to proposed law be used solely for the benefit for the district and all projects within
the district. 
Proposed law authorizes the district to delegate its authority to make decisions necessary to
carry out the provisions of proposed law to a committee composed in whole or in part of
district board members. Additionally authorizes the district to reserve any authority it deems
necessary.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:2740.27(H))
Summary of Amendments Adopted by House
Committee Amendments Proposed by 	House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Clarifies that property owned by the district that was formerly owned by the U.S.
Dept. of Navy is the property known as Federal City. Specifies that the
contiguous property referred to in proposed law refers only to property owned
by the district on April 1, 2013.
2. In proposed law provisions that provide that the district is not required to comply
with laws applicable to property owned by a public body in order to facilitate the
redevelopment of property, specifies that district is not required to comply with
laws applicable to the sale, lease, or donation of property owned by a public body
not otherwise governed by the constitution or for contracting with respect to the
property. Specifies that this grant of authority is only applicable to actions taken
to redevelop Federal City property.  In proposed law provisions that provide that
the district is not required to receive the approval of any other public entity or
agency relative to actions taken pursuant to proposed law, specifies that this
grant of authority is only applicable to actions taken to develop Federal City.
3. Adds requirement that the district comply with all applicable zoning and
permitting ordinances of the city of New Orleans in developing property
pursuant to proposed law. Adds another requirement that property be developed
in accordance with a master plan approved by the district, a joint development
committee of Federal City, the La. Dept. of Economic Development, and the
commissioner of administration.
4. Adds requirement that the assets and income derived from the development of
property pursuant to proposed law be used solely for the benefit for the district
and all projects within the district.