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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 HLS 13RS-868 ENGROSSED
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Be it enacted by the Legislature of Louisiana:1
Section 1. Sections 4 (introductory paragraph), 4D, 4G, and 4M of Act No. 305 of2
the 1978 Regular Session of the Legislature, as amended by Act No. 657 of the 1979 Regular3
Session of the Legislature, Act No. 99 of the 1980 Regular Session of the Legislature, Act4
No. 9 of the 1980 Second Extraordinary Session of the Legislature, Act No. 287 of the 19825
Regular Session of the Legislature, Act No. 572 of the 1984 Regular Session of the6
Legislature, Act No. 390 of the 1987 Regular Session of the Legislature, Act No. 43 of the7
1992 Regular Session of the Legislature, Act No. 1013 of the 1993 Regular Session of the8
Legislature, Act Nos. 13 and 42 of the 1994 Regular Session of the Legislature, Act Nos.9
1174 and 1176 of the 1997 Regular Session of the Legislature, and Act No. 72 of the 200210
First Extraordinary Session of the Legislature are hereby amended and reenacted to read as11
follows:12
Section 4. As used hereinafter in this Act, the word "project" or "projects"13
shall mean any one or more of any combination of convention, exhibition, and tourist14
facilities, other than lodging facilities, and the necessary site improvements,15
infrastructure, furnishings, machinery, equipment, and appurtenances therefor. The16
purpose for which the Authority is created is to acquire, construct, reconstruct,17
extend, improve, maintain, and operate projects within the city of New Orleans,18
subject to the zoning and other applicable ordinances of the city of New Orleans,19
except as to the Poydras Street Wharf and other properties under the administration20
of the Board of Commissioners of the Port of New Orleans, in order to promote the21
economic growth and development of the city and its neighboring parishes. The22
Authority shall have all the powers and authority necessary or convenient to carry23
out the purposes of this Act including but not limited to the following powers and24
authority:25
* * *26
D. To enter into contracts with any person, firm, or corporation, public or27
private, including the state of Louisiana or any department, agency, or political28
subdivision thereof, on such terms and conditions as the board may determine, with29 HLS 13RS-868 ENGROSSED
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respect to the acquisition, construction, reconstruction, extension, improvement,1
maintenance, or operation of projects or the furnishing or distribution of the services,2
facilities, or commodities thereof, including but not limited to the leasing or3
subleasing for allied services such as hotels, restaurants, retail outlets, offices,4
parking, entertainment, and similar activities. Any lease or sublease of the authority,5
or both, to an exhibition or convention user, or both, including any assignments6
thereof, any lease or sublease or extensions or renewals thereof, including any7
assignments thereof, for allied services such as restaurants, retail outlets, offices, and8
entertainment, shall be exempt from the provisions of R.S. 38:2211 et seq. and any9
other provision of law with respect to the purchase or lease of property by public10
entities; all other contracts, leases or subleases, or both, including any assignment11
thereof, shall be entered into in accordance with the provisions of R.S. 38:2211.12
* * *13
G. To incur debt and issue bonds or other obligations for the purpose of the14
Authority in the manner hereinafter provided. The Authority is hereby specifically15
prohibited from utilizing nontraditional tax free bonds from any source whatsoever16
when such use would benefit any properties being developed by a private person,17
firm, or corporation.18
* * *19
M. Except as limited by the terms and conditions of that certain lease20
covering and affecting the Poydras Street Wharf, to lease or sublease to or from any21
person, firm, or corporation, public or private, all or any part of any project upon22
such terms and conditions and for such term of years not in excess of sixty years, as23
the board may deem advisable to carry out the provisions of this Act, and to provide,24
if deemed advisable by the board, for an option to purchase or otherwise lawfully25
acquire such project upon the terms and conditions therein specified. Any lease or26
sublease, or both, of the authority to an exhibition or convention user, or both,27
including any assignments thereof, any lease or sublease or extension or renewal28
thereof, including any assignments thereof, for allied services such as hotels,29 HLS 13RS-868 ENGROSSED
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restaurants, retail outlets, offices and entertainment, shall be exempt from the1
provisions of R.S. 38:2211 et seq., and any other provision of law with respect to the2
purchase or lease of property by public entities; all other contracts, leases or3
subleases, or both, of the authority, including any assignment thereof, shall be4
entered into in accordance with the provisions of R.S. 38:2211.5
* * *6
Section 2. Section 20A of Act No. 305 of the 1978 Regular Session of the7
Legislature, as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act8
No. 99 of the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second9
Extraordinary Session of the Legislature, Act No. 287 of the 1982 Regular Session of the10
Legislature, Act No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the11
1987 Regular Session of the Legislature, Act No. 43 of the 1992 Regular Session of the12
Legislature, Act No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and13
42 of the 1994 Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 199714
Regular Session of the Legislature, and Act No. 72 of the 2002 First Extraordinary Session15
of the Legislature are hereby amended and reenacted to read as follows:16
Section 20.A. As used herein, "expansion project" shall mean a project or17
projects for the acquisition, construction, installation, and equipping of additions or18
improvements to the Ernest N. Morial Convention Center-New Orleans19
("Convention Center"), including, but not by way of limitation, (i) the Phase III20
Convention Center Expansion Project consisting of a building attached to the21
Convention Center containing additional exhibit space, meeting rooms, ballroom22
space, a food court, exhibit hall concession stands, food production facilities, and23
other structures and facilities functionally related to the Convention Center and24
completed in April of 1999, and (ii) the Phase IV Convention Center Expansion25
Project and, (iii) the Phase V Convention Center Expansion Project. The term26
"Phase IV Convention Center Expansion Project" shall mean the project to construct27
a free-standing building across Henderson Street from the existing Convention28
Center, on a site owned by the authority, containing approximately 1,500,000 square29 HLS 13RS-868 ENGROSSED
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feet under roof including approximately 500,000 square feet of exhibit space, with1
accompanying meeting rooms, food service areas, building service areas and other2
facilities functionally related thereto. It will be connected to Phase III by a pedestrian3
bridge above Henderson; The term "Phase V Convention Center Expansion Project"4
shall mean a public/private project for the Convention Center to advance a tourism5
development plan (including enhancements to the facility and installation of basic6
infrastructure to facilitate private development on acreage owned by the Exhibition7
Hall Authority) the public component of which will be developed and funded in four8
stages. The four stages shall be developed and funded in the order and according to9
the priorities as determined by the authority.10
Stage One to provide infrastructure including but not limited to: (i) Making11
public infrastructure improvements on Convention Center Boulevard, from Poydras12
Street to Orange Street, including utility improvements, redevelopment of north and13
south bound traffic lanes, and the incorporation of a landscaped linear park and14
pedestrian mall; (ii) The development of public infrastructure in the area generally15
bounded by Henderson Street, Tchoupitoulas Street, Orange Street, and the16
Mississippi River flood wall to include the extension of Convention Center17
Boulevard from Henderson Street to Orange Street (including traffic circle at18
Henderson intersection) public utility infrastructure to support anticipated private19
development, and six acres of soil remediation; and (iii) The relocation of existing20
power lines along Convention Center Boulevard and the incorporation of a "people21
mover" system along Convention Center Boulevard, from Poydras Street to Orange22
Street. Stage One projects shall be accomplished in a manner which ensures that23
there is no reduction or impairment of current vehicular capacity in that area,24
particularly with respect to any improvements in the vicinity of Convention Center25
Boulevard and Poydras and Orange Streets.26
Stage Two to make improvements at or on the riverfront to provide:27
(i) Development of a riverfront festival park along the Mississippi River at existing28
wharfs, providing access to the river through the development of approximately five29 HLS 13RS-868 ENGROSSED
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acres for recreational, hospitality, commercial, and residential use; and1
(ii) Development of Riverfront Festival Park infrastructure, including public utilities,2
lighting, and landscaping.3
Stage Three to further integrate the Convention Center with its surrounding4
urban areas through the: (i) Renovation of the south end of the existing Convention5
Center in order to create a new south entrance in response to adjacent development;6
(ii) Incorporation of a new kitchen and restaurant facility at the south end of the7
Convention Center; (iii) Development of an executive conference center to be8
integrated as part of a new, privately developed hotel; and (iv) Relocation of9
existing Convention Center functions currently at the south end of the facility in10
order to accommodate new entrance and connection to executive conference11
center/hotel. Stage Three projects shall be accomplished in a manner which ensures12
that there is no impairment or diminishment of vehicular access to the facilities of13
the Board of Commissioners of the Port of New Orleans which are or may be14
accessed in the future via Henderson Street.15
Stage Four to provide for the renovation, restoration, construction, or16
demolition of the buildings known as the World Trade Center in the city of New17
Orleans and the site preparation related thereto to facilitate the creation and18
development of a riverfront festival park or other buildings or structures. Activity19
associated with the modification or demolition of the World Trade Center and the20
development and operation of the park will be conducted in a fashion which ensures21
no interference with or adverse effect upon the main line trackage of the New22
Orleans Public Belt Railroad.23
* * *24
Section 3. Section 20F of Act No. 305 of the 1978 Regular Session of the25
Legislature, as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act26
No. 99 of the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second27
Extraordinary Session of the Legislature, Act No. 287 of the 1982 Regular Session of the28
Legislature, Act No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the29 HLS 13RS-868 ENGROSSED
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1987 Regular Session of the Legislature, Act No. 43 of the 1992 Regular Session of the1
Legislature, Act No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and2
42 of the 1994 Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 19973
Regular Session of the Legislature, and Act No. 72 of the 2002 First Extraordinary Session4
of the Legislature are hereby enacted to read as follows:5
Section 20.6
* * *7
F. Without reference to any other provision of the Constitution or of laws of8
Louisiana, including the Act, the authority is authorized from time to time, with the9
approval of the State Bond Commission, to issue its negotiable bonds in one or more10
series for the purpose of providing funds to finance the Phase V Convention Center11
Expansion Project of the Ernest N. Morial Convention Center in accordance with the12
provisions of Section 21 hereof; said bonds to be payable from all revenues derived13
by the authority as more particularly set forth in the resolution or resolutions14
providing for their issuance.15
Section 4. Section 23 of Act No. 305 of the 1978 Regular Session of the Legislature,16
as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act No. 99 of17
the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second Extraordinary18
Session of the Legislature, Act No. 287 of the 1982 Regular Session of the Legislature, Act19
No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the 1987 Regular20
Session of the Legislature, Act No. 43 of the 1992 Regular Session of the Legislature, Act21
No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and 42 of the 199422
Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 1997 Regular Session of23
the Legislature, and Act No. 72 of the 2002 First Extraordinary Session of the Legislature24
are hereby amended and reenacted to read as follows:25
Section 23. In each fiscal year, after payment of all obligations of the26
authority secured by or payable from all or any part of the taxes levied pursuant to27
Sections 18 and 19 hereof, the authority shall deposit the balance of such taxes into28
a special escrow fund to be used solely to retire said obligations in advance of their29 HLS 13RS-868 ENGROSSED
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maturities at a price or prices not greater than the applicable redemption price;1
provided, however, the provisions of this Section shall be applicable only to2
outstanding obligations of the authority issued or incurred prior to the effective date3
of this amendment to this Section and shall not be applicable with respect to any4
bonds or other obligations issued or incurred thereafter to pay any costs of the Phase5
III Expansion Project, or the Phase IV Expansion Project, or the Phase V Convention6
Center Expansion Project.7
Section 5. The legislature hereby specifically declares that this Act in no way and8
to no extent is intended to nor shall it be construed in any manner which will impair9
outstanding bonded debt obligations of the authority.10
Section 6. No provision of this Act shall affect, alter, or diminish the rights, powers,11
and jurisdiction of the Board of Commissioners of the Port of New Orleans over any12
property it owns, operates, or administers.13
Section 7. To the extent that the provisions of this Act are inconsistent with any14
provision of general statute or any special act, or any part thereof, the provisions of this Act15
shall be deemed controlling.16
Section 8. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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 HLS 13RS-868 ENGROSSED
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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, improve,
or operate projects relative to restaurants, retail outlets, offices, parking, entertainment, and
similar activities. Proposed law further authorizes 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 entity; proposed law eliminates this prohibition.
Present law authorizes "expansion projects" for the Earnest N. Morial-New Orleans
Exhibition Hall (convention center), including Phase III and IV. Proposed law authorizes
a Phase V expansion 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
infrastructure to facilitate private development on property owned by the authority, the
public component of which is divided into the following four stages:
(1)Stage 1-Public infrastructure improvements on Convention Center Blvd., from
Poydras St. to Orange St., including utility and traffic improvements, and a 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 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. Such projects shall neither impair nor reduce current
vehicular traffic capacity in that area, particularly with respect to any improvements
in the vicinity of Convention Center Blvd. and Poydras and Orange Streets.
(2)Stage 2-Development of a riverfront festival park along the 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)Stage 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. Such projects shall neither impair nor otherwise adversely affect
vehicular access to the facilities of the Board of Commissioners of the Port of New
Orleans which are or may be accessed in the future via Henderson Street. HLS 13RS-868 ENGROSSED
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(4)Stage 4-Renovation, restoration, construction, or demolition of the New Orleans
World Trade Center buildings and site preparation for the development of a
riverfront festival park. Activity associated with the modification or demolition of
the World Trade Center and the development and operation of the park will be
conducted in a fashion which ensures no interference with or adverse effect upon the
main line trackage of the New Orleans Public Belt Railroad.
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 revenue bonds in one or more series for the
purpose of providing funds to finance the Phase V expansion project, in accordance with
present law.
Proposed law further provides that proposed law shall not impair outstanding bonded debt
obligations of the authority, and that to any extent that any provision of proposed law is
inconsistent with present law, proposed law shall prevail.
Proposed law further provides that provisions of proposed law shall not affect, alter, or
diminish any rights or powers of the Board of Commissioners of the Port of New Orleans
with respect to any property it owns, operates, or administers.
Effective upon signature of governor or lapse of time for gubernatorial veto.
(Amends §§4(intro. para.), 4D, 4G, 4M, 20A, and 23 of Act No. 305 of the 1978 R.S., as
amended; Adds §20F of Act No. 305 of the 1978 R.S., as amended)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Ways and Means to the
original bill.
1. Added provision prohibiting Stage One projects from reduction or impairment
of current vehicular traffic capacity.
2. Added provision prohibiting Stage Three projects from diminishment or
impairment of vehicular access to facilities of the Board of Commissioners of the
Port of New Orleans via Henderson Street.
3. Added provision that Stage Four may include renovation, restoration, or
construction of the World Trade Center site.
4. Added provisions that Stage Four activities may include development of "other
buildings and structures".
5. Added provisions prohibiting Stage Four activities from interfering with the main
line trackage of the New Orleans Public Belt Railroad.
6. Added provisions that proposed law shall not affect or diminish any rights or
powers of the Board of Commissioners of the Port of New Orleans.