ENROLLED
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Regular Session, 2013
HOUSE BILL NO. 516
BY REPRESENTATIVES LEGER, WESLEY BISHOP, AND BROSSETT
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
Section 1. Sections 4 (introductory paragraph), 4D, 4G, and 4M of Act No. 305 of21
the 1978 Regular Session of the Legislature, as amended by Act No. 657 of the 1979 Regular22
Session of the Legislature, Act No. 99 of the 1980 Regular Session of the Legislature, Act23
No. 9 of the 1980 Second Extraordinary Session of the Legislature, Act No. 287 of the 198224
Regular Session of the Legislature, Act No. 572 of the 1984 Regular Session of the25 ENROLLEDHB NO. 516
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Legislature, Act No. 390 of the 1987 Regular Session of the Legislature, Act No. 43 of the1
1992 Regular Session of the Legislature, Act No. 1013 of the 1993 Regular Session of the2
Legislature, Act Nos. 13 and 42 of the 1994 Regular Session of the Legislature, Act Nos.3
1174 and 1176 of the 1997 Regular Session of the Legislature, and Act No. 72 of the 20024
First Extraordinary Session of the Legislature are hereby amended and reenacted to read as5
follows:6
Section 4. As used hereinafter in this Act, the word "project" or "projects"7
shall mean any one or more of any combination of convention, exhibition, and tourist8
facilities, other than lodging facilities, and the necessary site improvements,9
infrastructure, furnishings, machinery, equipment, and appurtenances therefor. The10
purpose for which the Authority is created is to acquire, construct, reconstruct,11
extend, improve, maintain, and operate projects within the city of New Orleans,12
subject to the zoning and other applicable ordinances of the city of New Orleans,13
except as to the Poydras Street Wharf and other properties under the administration14
of the Board of Commissioners of the Port of New Orleans, in order to promote the15
economic growth and development of the city and its neighboring parishes. The16
Authority shall have all the powers and authority necessary or convenient to carry17
out the purposes of this Act including but not limited to the following powers and18
authority:19
* * *20
D. To enter into contracts with any person, firm, or corporation, public or21
private, including the state of Louisiana or any department, agency, or political22
subdivision thereof, on such terms and conditions as the board may determine, with23
respect to the acquisition, construction, reconstruction, extension, improvement,24
maintenance, or operation of projects or the furnishing or distribution of the services,25
facilities, or commodities thereof, including but not limited to the leasing or26
subleasing for allied services such as hotels, restaurants, retail outlets, offices,27
parking, entertainment, and similar activities. Any lease or sublease of the authority,28
or both, to an exhibition or convention user, or both, including any assignments29
thereof, any lease or sublease or extensions or renewals thereof, including any30 ENROLLEDHB NO. 516
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assignments thereof, for allied services such as restaurants, retail outlets, offices, and1
entertainment, shall be exempt from the provisions of R.S. 38:2211 et seq. and any2
other provision of law with respect to the purchase or lease of property by public3
entities; all other contracts, leases or subleases, or both, including any assignment4
thereof, shall be entered into in accordance with the provisions of R.S. 38:2211.5
* * *6
G. To incur debt and issue bonds or other obligations for the purpose of the7
Authority in the manner hereinafter provided. The Authority is hereby specifically8
prohibited from utilizing nontraditional tax free bonds from any source whatsoever9
when such use would benefit any properties being developed by a private person,10
firm, or corporation. However, the full faith and credit of the state or the Authority11
shall not be granted to any private person, firm, or corporation.12
* * *13
M. Except as limited by the terms and conditions of that certain lease14
covering and affecting the Poydras Street Wharf, to lease or sublease to or from any15
person, firm, or corporation, public or private, all or any part of any project upon16
such terms and conditions and for such term of years not in excess of sixty years, as17
the board may deem advisable to carry out the provisions of this Act, and to provide,18
if deemed advisable by the board, for an option to purchase or otherwise lawfully19
acquire such project upon the terms and conditions therein specified. Any lease or20
sublease, or both, of the authority to an exhibition or convention user, or both,21
including any assignments thereof, any lease or sublease or extension or renewal22
thereof, including any assignments thereof, for allied services such as hotels,23
restaurants, retail outlets, offices and entertainment, shall be exempt from the24
provisions of R.S. 38:2211 et seq., and any other provision of law with respect to the25
purchase or lease of property by public entities; all other contracts, leases or26
subleases, or both, of the authority, including any assignment thereof, shall be27
entered into in accordance with the provisions of R.S. 38:2211.28
* * *29 ENROLLEDHB NO. 516
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Section 2. Section 20A of Act No. 305 of the 1978 Regular Session of the1
Legislature, as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act2
No. 99 of the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second3
Extraordinary Session of the Legislature, Act No. 287 of the 1982 Regular Session of the4
Legislature, Act No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the5
1987 Regular Session of the Legislature, Act No. 43 of the 1992 Regular Session of the6
Legislature, Act No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and7
42 of the 1994 Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 19978
Regular Session of the Legislature, and Act No. 72 of the 2002 First Extraordinary Session9
of the Legislature is hereby amended and reenacted to read as follows:10
Section 20.A. As used herein, "expansion project" shall mean a project or11
projects for the acquisition, construction, installation, and equipping of additions or12
improvements to the Ernest N. Morial Convention Center-New Orleans13
("Convention Center"), including, but not by way of limitation, (i) the Phase III14
Convention Center Expansion Project consisting of a building attached to the15
Convention Center containing additional exhibit space, meeting rooms, ballroom16
space, a food court, exhibit hall concession stands, food production facilities, and17
other structures and facilities functionally related to the Convention Center and18
completed in April of 1999, and (ii) the Phase IV Convention Center Expansion19
Project and, (iii) the Phase V Convention Center Expansion Project. The term20
"Phase IV Convention Center Expansion Project" shall mean the project to construct21
a free-standing building across Henderson Street from the existing Convention22
Center, on a site owned by the authority, containing approximately 1,500,000 square23
feet under roof including approximately 500,000 square feet of exhibit space, with24
accompanying meeting rooms, food service areas, building service areas and other25
facilities functionally related thereto. It will be connected to Phase III by a pedestrian26
bridge above Henderson. The term "Phase V Convention Center Expansion Project"27
shall mean a public/private project for the Convention Center to advance a tourism28
development plan (including enhancements to the facility and installation of basic29
infrastructure to facilitate private development on acreage owned by the Exhibition30 ENROLLEDHB NO. 516
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Hall Authority) the public component of which will be developed and funded in four1
stages. The four stages shall be developed and funded in the order and according to2
the priorities as determined by the authority.3
Stage One shall provide infrastructure including but not limited to: (i)4
Making public infrastructure improvements on Convention Center Boulevard, from5
Poydras Street to Orange Street, including utility improvements, redevelopment of6
north and south bound traffic lanes, and the incorporation of a landscaped linear park7
and pedestrian mall; (ii) The development of public infrastructure in the area8
generally bounded by Henderson Street, Tchoupitoulas Street, Orange Street, and the9
Mississippi River flood wall to include the extension of Convention Center10
Boulevard from Henderson Street to Orange Street (including traffic circle at11
Henderson Street intersection) public utility infrastructure to support anticipated12
private development, and six acres of soil remediation; and (iii) The relocation of13
existing power lines along Convention Center Boulevard and the incorporation of a14
"people mover" system along Convention Center Boulevard, from Poydras Street to15
Orange Street. Stage One projects shall be accomplished in a manner which ensures16
that there is no reduction or impairment of current vehicular capacity in that area,17
particularly with respect to any improvements in the vicinity of Convention Center18
Boulevard and Poydras and Orange Streets.19
Stage Two shall make improvements at or on the riverfront to provide:20
(i) Development of a riverfront festival park along the Mississippi River at existing21
wharfs, providing access to the river through the development of approximately five22
acres for recreational, hospitality, commercial, and residential use; and23
(ii) Development of Riverfront Festival Park infrastructure, including public utilities,24
lighting, and landscaping.25
Stage Three shall further integrate the Convention Center with its26
surrounding urban areas through the: (i) Renovation of the south end of the existing27
Convention Center in order to create a new south entrance in response to adjacent28
development; (ii) Incorporation of a new kitchen and restaurant facility at the south29
end of the Convention Center; (iii) Development of an executive conference center30 ENROLLEDHB NO. 516
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to be integrated as part of a new, privately developed hotel; and (iv) Relocation of1
existing Convention Center functions currently at the south end of the facility in2
order to accommodate new entrance and connection to executive conference3
center/hotel. Stage Three projects shall be accomplished in a manner which ensures4
that there is no impairment or diminishment of vehicular access to the facilities of5
the Board of Commissioners of the Port of New Orleans which are or may be6
accessed in the future via Henderson Street.7
Stage Four to provide for the renovation, restoration, construction, or8
demolition of the buildings bearing municipal address No. 2 Canal Street in the city9
of New Orleans and the site preparation related thereto to facilitate the creation and10
development of a riverfront festival park or other buildings or structures. Activity11
associated with the modification or demolition of the said buildings and the12
development and operation of the park will be conducted in a fashion which ensures13
no interference with or adverse effect upon the main line trackage of the New14
Orleans Public Belt Railroad.15
* * *16
Section 3. Section 20F of Act No. 305 of the 1978 Regular Session of the17
Legislature, as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act18
No. 99 of the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second19
Extraordinary Session of the Legislature, Act No. 287 of the 1982 Regular Session of the20
Legislature, Act No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the21
1987 Regular Session of the Legislature, Act No. 43 of the 1992 Regular Session of the22
Legislature, Act No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and23
42 of the 1994 Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 199724
Regular Session of the Legislature, and Act No. 72 of the 2002 First Extraordinary Session25
of the Legislature is hereby enacted to read as follows:26
Section 20.27
* * *28
F. Without reference to any other provision of the Constitution or of laws of29
Louisiana, including the Act, the authority is authorized from time to time, with the30 ENROLLEDHB NO. 516
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approval of the State Bond Commission, to issue its negotiable bonds in one or more1
series for the purpose of providing funds to finance the Phase V Convention Center2
Expansion Project of the Ernest N. Morial Convention Center in accordance with the3
provisions of Section 21 hereof; the bonds to be payable from all revenues derived4
by the authority as more particularly set forth in the resolution or resolutions5
providing for their issuance.6
Section 4. Section 23 of Act No. 305 of the 1978 Regular Session of the Legislature,7
as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act No. 99 of8
the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second Extraordinary9
Session of the Legislature, Act No. 287 of the 1982 Regular Session of the Legislature, Act10
No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the 1987 Regular11
Session of the Legislature, Act No. 43 of the 1992 Regular Session of the Legislature, Act12
No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and 42 of the 199413
Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 1997 Regular Session of14
the Legislature, and Act No. 72 of the 2002 First Extraordinary Session of the Legislature15
is hereby amended and reenacted to read as follows:16
Section 23. In each fiscal year, after payment of all obligations of the17
authority secured by or payable from all or any part of the taxes levied pursuant to18
Sections 18 and 19 hereof, the authority shall deposit the balance of such taxes into19
a special escrow fund to be used solely to retire said obligations in advance of their20
maturities at a price or prices not greater than the applicable redemption price;21
provided, however, the provisions of this Section shall be applicable only to22
outstanding obligations of the authority issued or incurred prior to the effective date23
of this amendment to this Section and shall not be applicable with respect to any24
bonds or other obligations issued or incurred thereafter to pay any costs of the Phase25
III Expansion Project, or the Phase IV Expansion Project, or the Phase V Convention26
Center Expansion Project.27
Section 5. The legislature hereby specifically declares that this Act in no way and28
to no extent is intended to nor shall it be construed in any manner which will impair29
outstanding bonded debt obligations of the authority.30 ENROLLEDHB NO. 516
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Section 6. No provision of this Act shall affect, alter, or diminish the rights, powers,1
and jurisdiction of the Board of Commissioners of the Port of New Orleans over any2
property it owns, operates, or administers.3
Section 7. To the extent that the provisions of this Act are inconsistent with any4
provision of general statute or any special act, or any part thereof, the provisions of this Act5
shall be deemed controlling.6
Section 8. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: