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Regular Session, 2013
HOUSE BILL NO. 516
BY REPRESENTATIVE LEGER
CONVENTION FACILITIES: Provides with respect to the Ernest N. Morial New Orleans
Exhibition Hall Authority
AN ACT1
To amend and reenact Sections 4 (introductory paragraph), 4D, 4G, 4M, 20A, and 23 and2
to enact Section 20F of Act No. 305 of the 1978 Regular Session of the Legislature,3
as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act No.4
99 of the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second5
Extraordinary Session of the Legislature, Act No. 287 of the 1982 Regular Session6
of the Legislature, Act No. 572 of the 1984 Regular Session of the Legislature, Act7
No. 390 of the 1987 Regular Session of the Legislature, Act No. 43 of the 19928
Regular Session of the Legislature, Act No. 1013 of the 1993 Regular Session of the9
Legislature, Act Nos. 13 and 42 of the 1994 Regular Session of the Legislature, Act10
Nos. 1174 and 1176 of the 1997 Regular Session of the Legislature, and Act No. 7211
of the 2002 First Extraordinary Session of the Legislature, all relative to the Ernest12
N. Morial-New Orleans Exhibition Hall Authority, to grant additional powers to the13
authority, to provide for the issuance of bonds and other obligations of the authority14
to finance expansion projects; to provide for additional bonding capacity of the15
authority; to provide an effective date; and to provide for related matters.16
Notice of intention to introduce this Act has been published17
as provided by Article III, Section 13 of the Constitution of18
Louisiana.19
Be it enacted by the Legislature of Louisiana:20 HLS 13RS-868 ORIGINAL
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Section 1. Sections 4 (introductory paragraph), 4D, 4G, and 4M of Act No. 305 of1
the 1978 Regular Session of the Legislature, as amended by Act No. 657 of the 1979 Regular2
Session of the Legislature, Act No. 99 of the 1980 Regular Session of the Legislature, Act3
No. 9 of the 1980 Second Extraordinary Session of the Legislature, Act No. 287 of the 19824
Regular Session of the Legislature, Act No. 572 of the 1984 Regular Session of the5
Legislature, Act No. 390 of the 1987 Regular Session of the Legislature, Act No. 43 of the6
1992 Regular Session of the Legislature, Act No. 1013 of the 1993 Regular Session of the7
Legislature, Act Nos. 13 and 42 of the 1994 Regular Session of the Legislature, Act Nos.8
1174 and 1176 of the 1997 Regular Session of the Legislature, and Act No. 72 of the 20029
First Extraordinary Session of the Legislature are hereby amended and reenacted to read as10
follows:11
Section 4. As used hereinafter in this Act, the word "project" or "projects"12
shall mean any one or more of any combination of convention, exhibition, and tourist13
facilities, other than lodging facilities, and the necessary site improvements,14
infrastructure, furnishings, machinery, equipment, and appurtenances therefor. The15
purpose for which the Authority is created is to acquire, construct, reconstruct,16
extend, improve, maintain, and operate projects within the city of New Orleans,17
subject to the zoning and other applicable ordinances of the city of New Orleans,18
except as to the Poydras Street Wharf and other properties under the administration19
of the Board of Commissioners of the Port of New Orleans, in order to promote the20
economic growth and development of the city and its neighboring parishes. The21
Authority shall have all the powers and authority necessary or convenient to carry22
out the purposes of this Act including but not limited to the following powers and23
authority:24
* * *25
D. To enter into contracts with any person, firm, or corporation, public or26
private, including the state of Louisiana or any department, agency, or political27
subdivision thereof, on such terms and conditions as the board may determine, with28
respect to the acquisition, construction, reconstruction, extension, improvement,29 HLS 13RS-868 ORIGINAL
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maintenance, or operation of projects or the furnishing or distribution of the services,1
facilities, or commodities thereof, including but not limited to the leasing or2
subleasing for allied services such as hotels, restaurants, retail outlets, offices,3
parking, entertainment, and similar activities. Any lease or sublease of the authority,4
or both, to an exhibition or convention user, or both, including any assignments5
thereof, any lease or sublease or extensions or renewals thereof, including any6
assignments thereof, for allied services such as restaurants, retail outlets, offices, and7
entertainment, shall be exempt from the provisions of R.S. 38:2211 et seq. and any8
other provision of law with respect to the purchase or lease of property by public9
entities; all other contracts, leases or subleases, or both, including any assignment10
thereof, shall be entered into in accordance with the provisions of R.S. 38:2211.11
* * *12
G. To incur debt and issue bonds or other obligations for the purpose of the13
Authority in the manner hereinafter provided. The Authority is hereby specifically14
prohibited from utilizing nontraditional tax free bonds from any source whatsoever15
when such use would benefit any properties being developed by a private person,16
firm, or corporation.17
* * *18
M. Except as limited by the terms and conditions of that certain lease19
covering and affecting the Poydras Street Wharf, to lease or sublease to or from any20
person, firm, or corporation, public or private, all or any part of any project upon21
such terms and conditions and for such term of years not in excess of sixty years, as22
the board may deem advisable to carry out the provisions of this Act, and to provide,23
if deemed advisable by the board, for an option to purchase or otherwise lawfully24
acquire such project upon the terms and conditions therein specified. Any lease or25
sublease, or both, of the authority to an exhibition or convention user, or both,26
including any assignments thereof, any lease or sublease or extension or renewal27
thereof, including any assignments thereof, for allied services such as hotels,28
restaurants, retail outlets, offices and entertainment, shall be exempt from the29 HLS 13RS-868 ORIGINAL
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provisions of R.S. 38:2211 et seq., and any other provision of law with respect to the1
purchase or lease of property by public entities; all other contracts, leases or2
subleases, or both, of the authority, including any assignment thereof, shall be3
entered into in accordance with the provisions of R.S. 38:2211.4
* * *5
Section 2. Section 20A of Act No. 305 of the 1978 Regular Session of the6
Legislature, as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act7
No. 99 of the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second8
Extraordinary Session of the Legislature, Act No. 287 of the 1982 Regular Session of the9
Legislature, Act No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the10
1987 Regular Session of the Legislature, Act No. 43 of the 1992 Regular Session of the11
Legislature, Act No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and12
42 of the 1994 Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 199713
Regular Session of the Legislature, and Act No. 72 of the 2002 First Extraordinary Session14
of the Legislature are hereby amended and reenacted to read as follows:15
Section 20.A. As used herein, "expansion project" shall mean a project or16
projects for the acquisition, construction, installation, and equipping of additions or17
improvements to the Ernest N. Morial Convention Center-New Orleans18
("Convention Center"), including, but not by way of limitation, (i) the Phase III19
Convention Center Expansion Project consisting of a building attached to the20
Convention Center containing additional exhibit space, meeting rooms, ballroom21
space, a food court, exhibit hall concession stands, food production facilities, and22
other structures and facilities functionally related to the Convention Center and23
completed in April of 1999, and (ii) the Phase IV Convention Center Expansion24
Project and, (iii) the Phase V Convention Center Expansion Project. The term25
"Phase IV Convention Center Expansion Project" shall mean the project to construct26
a free-standing building across Henderson Street from the existing Convention27
Center, on a site owned by the authority, containing approximately 1,500,000 square28
feet under roof including approximately 500,000 square feet of exhibit space, with29 HLS 13RS-868 ORIGINAL
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accompanying meeting rooms, food service areas, building service areas and other1
facilities functionally related thereto. It will be connected to Phase III by a pedestrian2
bridge above Henderson; The term "Phase V Convention Center Expansion Project"3
shall mean a public/private project for the Convention Center to advance a tourism4
development plan (including enhancements to the facility and installation of basic5
infrastructure to facilitate private development on acreage owned by the Exhibition6
Hall Authority) the public component of which will be developed and funded in four7
stages. The four stages shall be developed and funded in the order and according to8
the priorities as determined by the authority.9
Stage One to provide infrastructure including but not limited to: (i) Making10
public infrastructure improvements on Convention Center Boulevard, from Poydras11
Street to Orange Street, including utility improvements, redevelopment of north and12
south bound traffic lanes, and the incorporation of a landscaped linear park and13
pedestrian mall; (ii) The development of public infrastructure in the area generally14
bounded by Henderson Street, Tchoupitoulas Street, Orange Street, and the15
Mississippi River flood wall to include the extension of Convention Center16
Boulevard from Henderson Street to Orange Street (including traffic circle at17
Henderson intersection) public utility infrastructure to support anticipated private18
development, and six acres of soil remediation; and (iii) The relocation of existing19
power lines along Convention Center Boulevard and the incorporation of a "people20
mover" system along Convention Center Boulevard, from Poydras Street to Orange21
Street.22
Stage Two to make improvements at or on the riverfront to provide:23
(i) Development of a riverfront festival park along the Mississippi River at existing24
wharfs, providing access to the river through the development of approximately five25
acres for recreational, hospitality, commercial, and residential use; and26
(ii) Development of Riverfront Festival Park infrastructure, including public utilities,27
lighting, and landscaping.28 HLS 13RS-868 ORIGINAL
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Stage Three to further integrate the Convention Center with its surrounding1
urban areas through the: (i) Renovation of the south end of the existing Convention2
Center in order to create a new south entrance in response to adjacent development;3
(ii) Incorporation of a new kitchen and restaurant facility at the south end of the4
Convention Center; (iii) Development of an executive conference center to be5
integrated as part of a new, privately developed hotel; and (iv) Relocation of6
existing Convention Center functions currently at the south end of the facility in7
order to accommodate new entrance and connection to executive conference8
center/hotel.9
Stage Four to provide for the demolition of the buildings known as the World10
Trade Center in the city of New Orleans and the site preparation related thereto to11
facilitate the creation and development of a riverfront festival park.12
* * *13
Section 3. Section 20F of Act No. 305 of the 1978 Regular Session of the14
Legislature, as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act15
No. 99 of the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second16
Extraordinary Session of the Legislature, Act No. 287 of the 1982 Regular Session of the17
Legislature, Act No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the18
1987 Regular Session of the Legislature, Act No. 43 of the 1992 Regular Session of the19
Legislature, Act No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and20
42 of the 1994 Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 199721
Regular Session of the Legislature, and Act No. 72 of the 2002 First Extraordinary Session22
of the Legislature are hereby enacted to read as follows:23
Section 20.24
* * *25
F. Without reference to any other provision of the Constitution or of laws of26
Louisiana, including the Act, the authority is authorized from time to time, with the27
approval of the State Bond Commission, to issue its negotiable bonds in one or more28
series for the purpose of providing funds to finance the Phase V Convention Center29 HLS 13RS-868 ORIGINAL
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Expansion Project of the Ernest N. Morial Convention Center in accordance with the1
provisions of Section 21 hereof; said bonds to be payable from all revenues derived2
by the authority as more particularly set forth in the resolution or resolutions3
providing for their issuance.4
Section 4. Section 23 of Act No. 305 of the 1978 Regular Session of the Legislature,5
as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act No. 99 of6
the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second Extraordinary7
Session of the Legislature, Act No. 287 of the 1982 Regular Session of the Legislature, Act8
No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the 1987 Regular9
Session of the Legislature, Act No. 43 of the 1992 Regular Session of the Legislature, Act10
No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and 42 of the 199411
Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 1997 Regular Session of12
the Legislature, and Act No. 72 of the 2002 First Extraordinary Session of the Legislature13
are hereby amended and reenacted to read as follows:14
Section 23. In each fiscal year, after payment of all obligations of the15
authority secured by or payable from all or any part of the taxes levied pursuant to16
Sections 18 and 19 hereof, the authority shall deposit the balance of such taxes into17
a special escrow fund to be used solely to retire said obligations in advance of their18
maturities at a price or prices not greater than the applicable redemption price;19
provided, however, the provisions of this Section shall be applicable only to20
outstanding obligations of the authority issued or incurred prior to the effective date21
of this amendment to this Section and shall not be applicable with respect to any22
bonds or other obligations issued or incurred thereafter to pay any costs of the Phase23
III Expansion Project, or the Phase IV Expansion Project, or the Phase V Convention24
Center Expansion Project.25
Section 5. The legislature hereby specifically declares that this Act in no way and26
to no extent is intended to nor shall it be construed in any manner which will impair27
outstanding bonded debt obligations of the authority.28 HLS 13RS-868 ORIGINAL
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Section 6. To the extent that the provisions of this Act are inconsistent with any1
provision of general statute or any special act, or any part thereof, the provisions of this Act2
shall be deemed controlling.3
Section 7. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
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)]
Leger HB No. 516
Abstract: Expands the authority of the Ernest N. Morial-New Orleans Exhibition Hall
Authority, including authorization of a Phase V expansion project.
Present law (uncodified) creates the Ernest N. Morial-New Orleans Exhibition Hall
Authority ("authority"). The purpose of the authority is to acquire, construct, reconstruct,
extend, improve, maintain, and operate projects within the city of New Orleans in order to
promote the economic growth and development of the city and its neighboring parishes.
Proposed law retains present law.
Present law defines "project" as any convention, exhibition, or tourist facility, other than
lodging facilities, and the necessary furnishings, machinery, equipment, and items incidental
thereto. Proposed law specifically removes the limitation relative to lodging facilities and
allows for site improvements and infrastructure relative to the authorized projects.
Present law authorizes the authority to enter into contracts to acquire, construct, reconstruct,
extend, improve, maintain, or operate projects relative to restaurants, retail outlets, offices,
parking, entertainment, and similar activities. Proposed law further authorizes the authority
to enter into such contracts relative to hotels.
Present law exempts the authority from state law on the letting of public contracts for the
making of any public works or for the purchase of any materials or supplies as it relates to
any lease or sublease for allied services such as restaurants, retail outlets, offices, and
entertainment. Proposed law further extends such exemption to hotel services.
Present law authorizes the authority to incur debt and issue bonds. Proposed law retains this
authorization. However, present law specifically precludes the authority from utilizing
nontraditional tax-free bonds from any source when such use would benefit any properties
being developed by a private person, firm, or corporation; proposed law eliminates this
prohibition.
Present law authorizes "expansion projects" including Phase III and IV. Proposed law
authorizes Phase V which will allow a joint venture between the authority and a private
entity for a tourism development plan to enhance the Convention Center and install basic HLS 13RS-868 ORIGINAL
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infrastructure to facilitate private development on property owned by the Exhibition Hall
Authority, the public component of which is divided into the following four stages:
(1)Public infrastructure improvements on Convention Center Blvd., from Poydras St.
to Orange St., including utility improvements, redevelopment of traffic lanes, and a
linear park and pedestrian mall; public infrastructure improvements by Henderson
St., Tchoupitoulas St., Orange St., and the Mississippi River flood wall to extend
Convention Center Blvd. from Henderson St. to Orange St., including a traffic circle,
public utility infrastructure to support anticipated private development, and soil
remediation; and the relocation of existing power lines along Convention Center
Blvd. and the incorporation of a "people mover" system along Convention Center
Blvd., from Poydras St. to Orange St.
(2)Development of a riverfront festival park along the Mississippi River at existing
wharfs, providing access to the river through the development of approximately five
acres for recreational, hospitality, commercial, and residential use; and development
of Riverfront Festival Park infrastructure, including public utilities, lighting, and
landscaping.
(3)Integration of the Convention Center with its surrounding urban areas through the
renovation of the south end of the existing Convention Center by creating a new
south entrance; incorporation of a new kitchen and restaurant facility at the south end
of the Convention Center; development of an executive conference center to be
integrated as part of a new, privately developed hotel; and relocation of existing
Convention Center functions currently at the south end of the facility to
accommodate a new entrance and connection to the combined executive conference
center and hotel.
(4)Demolition of the New Orleans World Trade Center buildings and site preparation
to facilitate the creation and development of a riverfront festival park.
Proposed law provides that without reference to any other provision of the Constitution or
of laws of Louisiana, the authority is authorized from time to time, with the approval of the
State Bond Commission, to issue its negotiable bonds in one or more series for the purpose
of providing funds to finance Phase V, in accordance with present law; said bonds to be
payable from all revenues derived by the authority as more particularly set forth in the
resolution providing for their issuance.
Proposed law further provides that the Act does not nor is it intended to impair outstanding
bonded debt obligations of the authority, and to any extent that any provision of the Act is
inconsistent with other laws, the Act prevails.
Effective upon signature of governor or lapse of time for gubernatorial veto.
(Amends Sections 4(intro. para.), 4D, 4G, 4M, 20A, and 23 of Act No. 305 of the 1978 R.S.,
as amended; Adds Section 20F of Act No. 305 of the 1978 R.S., as amended)