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Regular Session, 2014
HOUSE BILL NO. 426
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 Alexandria-Pineville Regional Port Authority hereinafter17
referred to as the "port", is hereby created as a political subdivision of the state, and18
its territorial limits shall be concurrent with that of the municipal limits of the city19
of Alexandria territorial limits of Rapides Parish.20 HLS 14RS-302 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", who shall serve without3
compensation and who shall be appointed for terms as follows:4
(1) Five of the Four commissioners shall be appointed by the mayor of the5
city of Alexandria and confirmed by the Alexandria City Council. Each6
commissioner shall be a citizen of the United States, a qualified voter of the state of7
Louisiana, and a resident of the city of Alexandria.8
(2) Three of the Two commissioners shall be appointed as follows: by the9
mayor of the city of Pineville and confirmed by the Pineville governing authority.10
(a)(3) One commissioner Three commissioners shall be appointed at large11
by the parish governing authority of Rapides Parish Police Jury.12
(b) One commissioner appointed at large by the parish governing authority13
of Grant Parish.14
(c) One commissioner appointed at large by the parish governing authority15
of Avoyelles Parish.16
B.(1) One of the commissioners initially appointed by the mayor shall serve17
an initial term of one year. Two of the commissioners initially appointed by the18
mayor shall serve an initial term of two years. Two of the commissioners initially19
appointed by the mayor shall serve an initial term of three years. Thereafter, the20
successors to each of the commissioners appointed by the mayor shall be appointed21
for terms of four years. The commissioners representing the Red River Waterway22
Commission shall serve terms concurrent with their terms on that commission. Each23
commissioner appointed shall be a citizen of the United States and a domiciliary of24
and qualified voter of Rapides Parish for at least one year preceding the date of his25
appointment and during the entirety of his term in office.26
(2) To the extent possible, persons appointed to the board of commissioners27
shall be individuals with expertise in one or more of the following areas:28
(a) Economic development.29 HLS 14RS-302 ORIGINAL
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(b) Public finance or administration.1
(c) Senior level management.2
(d) Urban planning.3
(e) Banking or finance.4
(f) Practice of law, medicine, or another licensed profession.5
(g) Public relations.6
(h) Construction.7
(i) Real estate, appraisal, or commercial development.8
(j) Labor.9
C. In the event that any commissioner ceases to be a commissioner for any10
reason, his successor shall be appointed in the same manner as the original11
appointment and shall serve for the remainder of the unexpired term. The12
commissioners initially appointed in 2014 by the mayor of Alexandria shall serve an13
initial term of one year. Thereafter, the successors to each of the commissioners14
appointed by the mayor of Alexandria shall be appointed for terms of four years. The15
commissioners initially appointed in 2014 by the mayor of Pineville shall serve an16
initial term of two years. Thereafter, the successors to each of the commissioners17
appointed by the mayor of Pineville shall be appointed for terms of four years. The18
Rapides Parish Police Jury appointments shall serve a term of four years.19
D.(1) Any commissioner who fails to attend at least fifty percent of the board20
of commissioners meetings, regular and special, in any calendar year shall be21
disqualified and automatically removed from office, and that commissioner's22
position shall be vacant, as of the first day of the succeeding calendar year. Such23
vacated position shall be filled by the respective nominating entity for the remainder24
of the vacated term. The former commissioner shall not be eligible for25
reappointment until the expiration of the balance of the vacated term.26
(2) Any vacancy in the membership of the board occurring by reason of27
expiration of term of office, or by reason of death, resignation, disqualification, or28
otherwise, shall be filled by the respective nominating entity within thirty days after29 HLS 14RS-302 ORIGINAL
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receipt of written notice of the vacancy. In the event that the respective nominating1
entity fails to fill the vacancy within thirty days after the receipt of written2
notification of the vacancy, the board shall appoint an interim successor to serve on3
the board until the position is filled by the respective nominating entity responsible4
for the appointment of such member. If the board fails to fill a vacancy in its5
membership within such thirty-day period, any two authorities of either the Rapides6
Parish Police Jury, city of Alexandria, or city of Pineville by resolutions adopted by7
a majority thereof, shall appoint an interim successor to serve on the board until the8
position is filled by the respective nominating entity responsible for the appointment9
of such member.10
D.E. The board of commissioners shall elect from among its members a11
president, who shall have no vote except in the event of a tie vote, a vice president,12
a secretary, and a treasurer, whose respective duties shall be prescribed by the board.13
At the option of the board of commissioners, the offices of the secretary and14
treasurer may be held by one person. The board of commissioners shall meet in15
regular session once each month and shall also meet in special session at the call of16
the president of the commission board or on the written request of five members of17
the board. A majority of the members of the board of commissioners shall constitute18
a quorum, and all actions or resolutions of the board shall be approved by the19
affirmative vote of not less than a majority of the members of the board at the20
meeting. The board of commissioners shall prescribe rules governing its meetings21
and shall fix a place at which the meetings shall be held.22
§335.3. Authority, powers, and duties of board; officers; agents23
A. The board of commissioners shall exercise the powers herein conferred24
upon it by this Part within the port area, consisting of the entire city of Alexandria,25
including the port facility owned by the city of Alexandria entirety of Rapides Parish.26
B.(1) The board of commissioners may authorize a reasonable travel27
allowance for its members in the performance of their official duties. The board of28 HLS 14RS-302 ORIGINAL
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commissioners may further reimburse to its members actual expenses incurred in the1
performance of their official duties on behalf of the port.2
(2) It The board of commissioners may employ an executive director and3
other such officers, agents, and employees as it finds necessary in the performance4
of its duties, and it may prescribe the duties, powers, and compensation of the5
officers, agents, and employees. The board of commissioners, on terms as it agrees6
upon, may contract for legal, financial, engineering, and other professional services7
necessary or expedient in the conduct of its affairs, and, on terms and conditions8
mutually agreeable, may utilize the services of other executive departments of the9
state.10
(3) The board of commissioners may adopt bylaws and other rules and11
regulations to conduct port business.12
(4) The board of commissioners shall adopt an annual budget in accordance13
with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The port14
shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.15
(5) The board of commissioners shall cause minutes and records to be kept16
of all its proceedings and it shall select a newspaper of general circulation within its17
territorial jurisdiction as its official journal in which it shall publish its minutes and18
official notices as required by law.19
C.(1) In addition to the powers and duties elsewhere granted in this Part, the20
board of commissioners may exercise all powers necessary for the operation of a21
freshwater inland port. The board of commissioners shall regulate the commerce and22
traffic within the port area Rapides Parish in a manner as may, in its judgment, be23
for the best interests of the state.24
(2) The board shall have charge of, operate, and administer public wharves,25
docks, sheds, and landings on the Red River within the territorial jurisdiction of26
Rapides Parish.27
(3) It The board of commissioners may:28 HLS 14RS-302 ORIGINAL
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(a) Construct or acquire and equip wharves, landings, and other structures1
useful for the commerce of the port and provide mechanical facilities therefor.2
(b) Erect sheds or other structures on the wharves and landings.3
(c) Provide light, water, police protection, and other services for its facilities4
as it deems advisable.5
(d) Construct or acquire, maintain, and operate basins, locks, canals,6
warehouses, and elevators.7
(e) Charge for the use of all facilities administered by it and for all services8
rendered by it.9
(f) Establish fees, rates, tariffs, or other charges as it deems fit.10
(g) Establish harbor lines within the port area by agreement with the United11
States Army Corps of Engineers.12
(h) Construct, own, operate, and maintain terminal rail facilities and other13
common carrier rail facilities for the purpose of rendering rail transportation to and14
from the facilities to be erected, owned, and operated by the port in both intrastate15
and interstate commerce.16
(3) Title to all property and improvements acquired by the port shall rest in17
the port.18
(i) Sue and be sued.19
(j) Acquire by gift, grant, purchase, lease, expropriation, or otherwise, and20
hold and use any real property, real, personal, or mixed, tangible or intangible, or any21
interest therein necessary or desirable for carrying out the objectives and purposes22
of the port.23
(k) Sell, transfer, and convey any property acquired by it, or any interest24
therein at any time, to accomplish the objectives and purposes of the port.25
(l) Enter into contracts, cooperative endeavors, or intergovernmental26
agreements to achieve the port's objectives and purposes, including but not limited27
to professional services agreements and other agreements for the purchase, lease,28
acquisition, sale, construction, operation, maintenance, and improvements of land,29 HLS 14RS-302 ORIGINAL
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public works, and facilities, as the board of commissioners may deem necessary or1
convenient to accomplish the objectives and purposes of the port.2
(m) Borrow money and pledge all or part of its revenues, leases, rentals, and3
other advantages as security for such loans. No bonds, other debt obligations, or4
contracts of the port shall be a charge upon the income, property, or revenue of5
Rapides Parish, the city of Alexandria, or the city of Pineville, nor any other6
municipality in the parish; nor shall any obligations of the port be obligations of7
these governmental entities.8
(n) Allow the use of any facilities, land, and improvements owned by the9
port for any lawful purpose.10
(4) The board of commissioners shall be the appropriate governing body for11
all purposes provided in the Louisiana Enterprise Free Zone Act, R.S. 51:1781 et al.,12
within the area comprised of property owned or formerly owned by the port, and13
shall have the power to perform all such acts specified by applicable laws and14
regulations to achieve such purposes.15
* * *16
E. The board of commissioners may make and enter into contracts, leases,17
and other agreements with political subdivisions, including the city of Alexandria18
and the city of Pineville, for the management and operation of port and ancillary19
facilities, including industrial park property adjacent to the port facility. This right20
shall include the construction and operation of warehouses, storage facilities, and21
other buildings used in connection with the port.22
* * *23
§335.4. Authority to levy and collect taxes; issuance of bonds24
A.(1) The board of commissioners, when authorized to do so by a vote of a25
majority of the electors residing in the port Rapides Parish qualified to vote and26
voting at an election for such purpose in accordance with law, may levy annually on27
all property situated within the port within the territorial jurisdiction of Rapides28
Parish subject to taxation an ad valorem tax not to exceed ten mills on the dollar.29 HLS 14RS-302 ORIGINAL
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The board of commissioners, upon its own initiative, may call a special election and1
submit to the qualified electors of the port the question of authorizing the levy of2
such a tax. The board of commissioners shall call such a special election when3
requested to do so by a petition in writing signed by at least one-fourth of the4
qualified electors eligible to vote at such election. These special taxes shall be5
levied, assessed, and collected on the property within the port Rapides Parish and6
owned by the port under the same methods, terms, and conditions and at the same7
time as state and parish taxes are levied, assessed, and collected. These taxes shall8
be secured by the same liens upon the property subject to taxation within the port as9
taxes for state and other parish purposes. The property subject to any taxes within10
said port territorial jurisdiction of Rapides Parish shall be sold for failure to pay the11
same in the same manner as property is sold for delinquent state, parish, and other12
taxes under the laws of the state.13
(2) The board of commissioners may incur funded general or bonded debt,14
levy taxes, and call for any tax or other election by first obtaining approval by15
authorizing an ordinance adopted by the governing authorities of the cities of16
Alexandria and Pineville or Rapides Parish.17
* * *18
§335.5. Testing validity of bonds; prescription; sale of bonds19
* * *20
C. The provisions of this Part shall not be deemed to supersede the21
requirements of R.S. 39:501 through 514.* Notwithstanding any provisions of this22
Part to the contrary, the provisions of R.S. 39:1421 through 1429 shall be applicable23
to the Alexandria Alexandria-Pineville Regional Port Authority.24
§335.6. Advertisement25
The prohibition contained in R.S. 43:111 against advertising in any26
newspaper, book, pamphlet, or periodical shall not apply to the board of 27 HLS 14RS-302 ORIGINAL
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commissioners of the Alexandria Alexandria-Pineville Regional Port Authority in1
carrying out its functions and duties under the constitution and laws of this state.2
* * *3
§338.4. Refunding bonds4
The governing authority of the district port by resolution and in compliance5
with R.S. 34:335.4(A)(2) may authorize the issuance of refunding bonds, and such6
refunding bonds may be either sold and the proceeds applied to or deposited in7
escrow for the retirement of outstanding bonds or they may be delivered in exchange8
for the outstanding bonds. The total of principal and interest to be paid upon any9
such refunding bonds shall not exceed the total of the principal amount of the bonds10
to be refunded, the premium (if any) payable upon their redemption and the interest11
which would have been paid upon such bonds were they not to be refunded.12
§338.5. Securities13
Bonds, certificates, or other evidences of indebtedness issued by the port or14
any subdistrict of the port, pursuant to this Part are deemed to be securities of public15
entities within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana16
Revised Statutes of 1950, and shall be subject to defeasance in accordance with the17
provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, and18
may be refunded in accordance with the provisions of Chapters 14-A and 15 of the19
Louisiana Revised Statutes of 1950, and may be also issued as short-term revenue20
notes of a public entity under Chapter 15-A of Title 39 of the Louisiana Revised21
Statutes of 1950.22
Section 2. The terms of all members of the board of commissioners of the23
Alexandria Regional Port serving on August 1, 2014, shall terminate on the effective date24
of this Act, and new members of the board shall be appointed in accordance with R.S.25
34:335.2 as amended by this Act.26 HLS 14RS-302 ORIGINAL
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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. 426426
Abstract: Provides with respect to the Alexandria Regional Port, its boundaries, its board
of commissioners, powers, authority to levy and collect taxes, and the authority to
incur debt.
Present law provides the territorial limits of the Alexandria Regional Port shall be concurrent
with the municipal limits of the city of Alexandria. Proposed law specifies the territorial
limits of the Alexandria-Pineville Regional Port Authority must 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)Removes provisions for one commissioner appointed by the mayor of Alexandria
and confirmed by the Alexandria City Council. Provides instead for four
commissioners appointed by the mayor of Alexandria and confirmed by the
Alexandria City Council.
(2)Removes provisions for one at-large commissioner appointed by the parish
governing authority of Rapides Parish. Provides instead for three commissioners
appointed by the Rapides Parish Police Jury.
(3)Removes provisions for one at-large commissioner appointed by the governing
authority of Grant Parish and one at-large commissioner appointed by the governing
authority of Avoyelles Parish. Provides instead for two commissioners appointed by
the mayor of Pineville and confirmed by the Pineville governing authority.
Proposed law requires each commissioner appointed 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:
(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 profession.
(7)Public relations.
(8)Construction. HLS 14RS-302 ORIGINAL
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(9)Real estate, appraisal, or commercial development.
(10)Labor.
Present law provides that if a commissioner ceases to be a commissioner for any reason, his
successor shall be appointed in the same manner as the original appointment, and serve the
balance of the unexpired term. Proposed law removes present law.
Proposed law specifies that the commissioners appointed in 2014 by the mayor of
Alexandria will serve initial terms of one year. Further specifies that the successors to these
appointments will serve terms of four years. Additionally specifies that the commissioners
appointed in 2014 by the mayor of Pineville will serve initial terms of two years. Further
specifies that the successors to these appointments will serve terms of four years. Also
specifies that the Rapides Parish Police Jury appointees will serve terms of four years.
Proposed law provides that any commissioner who does not attend at least half of the board
meetings annually will be automatically removed from office. Provides that the vacant
position will be filled by the respective nominating entity for the remainder of the vacated
term. Provides that the former commissioner is not eligible for appointment until the
expiration of the remainder of the vacated term.
Proposed law provides that a vacancy occurring due to expiration of term of office, or by
reason of death, resignation, disqualification, or otherwise, will be filled by the respective
nominating entity within 30 days after receipt of written notice of the vacancy. Provides that
in the event that the respective nominating entity fails to fill the vacancy within 30 days after
the receipt of written notification of the vacancy, the board will 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. Provides that if the board fails to fill a
vacancy in its membership within such 30-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, will 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 authorizes the board of commissioners to exercise powers within the port area,
consisting of the city of Alexandria. Proposed law specifies that the board exercises powers
throughout the port area, consisting of the entirety 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 La. Local Government Budget Act, recordkeeping 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.
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 jurisdiction of
Rapides Parish.
Present law provides that title to all property and improvements acquired by the port must
rest in the port. Proposed law removes present law.
Proposed law gives the board of commissioners power to:
(1)Sue and be sued. HLS 14RS-302 ORIGINAL
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(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's
objectives 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 provisions of securities of public entities are applicable to the
Alexandria Regional Port. Proposed law specifies that said provisions are applicable to the
Alexandria-Pineville Regional Port Authority.
Present law provides that the prohibition contained in present law against advertising in any
newspaper, book, pamphlet, or periodical does not apply to the board of commissioners of
the Alexandria Regional Port. Proposed law adds Pineville under the jurisdiction of the port
to the Alexandria-Pineville Regional Port Authority.
Proposed law provides that the governing authority of the port by resolution and in
compliance with proposed law 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 will 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-
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 members of the board of commissioners serving on
Aug. 1, 2014, terminate on that date and requires that new members be appointed as
provided in proposed law. HLS 14RS-302 ORIGINAL
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(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)