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ACT No. 557
Regular Session, 2014
HOUSE BILL NO. 788
BY REPRESENTATIVES LEGER, WESLEY BISHOP, STOKES, AND WILLMOTT
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 ENROLLEDHB NO. 788
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Regular Session of the Legislature, Act No. 572 of the 1984 Regular Session of the1
Legislature, Act No. 390 of the 1987 Regular Session of the Legislature, Act No. 43 of the2
1992 Regular Session of the Legislature, Act No. 1013 of the 1993 Regular Session of the3
Legislature, Act Nos. 13 and 42 of the 1994 Regular Session of the Legislature, Act Nos.4
1174 and 1176 of the 1997 Regular Session of the Legislature, and Act No. 72 of the 20025
First Extraordinary Session of the Legislature is hereby amended and reenacted to read as6
follows:7
Section 4. As used hereinafter in this Act, the word "project" or "projects"8
shall mean any one or more of any combination of convention, exhibition, and tourist9
facilities, other than lodging facilities, and the necessary site improvements,10
infrastructure, furnishings, machinery, equipment, and appurtenances therefor other11
than lodging facilities but including infrastructure and site improvements to facilitate12
the private development and funding of lodging facilities. The purpose for which the13
Authority is created is to acquire, construct, reconstruct, extend, improve, maintain,14
and operate projects within the city of New Orleans, subject to the zoning and other15
applicable ordinances of the city of New Orleans, except as to the Poydras Street16
Wharf and other properties under the administration of the Board of Commissioners17
of the Port of New Orleans, in order to promote the economic growth and18
development of the city and its neighboring parishes. The Authority shall have all the19
powers and authority necessary or convenient to carry out the purposes of this Act20
including but not limited to the following powers and authority:21
* * *22
D. To enter into contracts with any person, firm, or corporation, public or23
private, including the state of Louisiana or any department, agency, or political24
subdivision thereof, on such terms and conditions as the board may determine, with25
respect to the acquisition, construction, reconstruction, extension, improvement,26
maintenance, or operation of projects or the furnishing or distribution of the services,27
facilities, or commodities thereof, including but not limited to the leasing or28
subleasing for allied services such as hotels, restaurants, retail outlets, offices,29
parking, entertainment, and similar activities. Any lease or sublease of the authority,30 ENROLLEDHB NO. 788
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or both, to an exhibition or convention user, or both, including any assignments1
thereof, any lease or sublease or extensions or renewals thereof, including any2
assignments thereof, for allied services such as hotels, restaurants, retail outlets,3
offices, and entertainment, shall be exempt from the provisions of R.S. 38:2211 et4
seq. and any other provision of law with respect to the purchase or lease of property5
by public entities; all other contracts, leases or subleases, or both, including any6
assignment thereof, shall be entered into in accordance with the provisions of R.S.7
38:2211.8
* * *9
G. To incur debt and issue bonds or other obligations for the purpose of the10
Authority in the manner hereinafter provided. The Authority is hereby specifically11
prohibited from utilizing nontraditional tax free bonds from any source whatsoever12
when such use would benefit any properties being developed by a private person,13
firm, or corporation.14
* * *15
M. Except as limited by the terms and conditions of that certain lease16
covering and affecting the Poydras Street Wharf, to lease or sublease to or from any17
person, firm, or corporation, public or private, all or any part of any project upon18
such terms and conditions and for such term of years not in excess of sixty years, as19
the board may deem advisable to carry out the provisions of this Act, and to provide,20
if deemed advisable by the board, for an option to purchase or otherwise lawfully21
acquire such project upon the terms and conditions therein specified. Any lease or22
sublease, or both, of the authority to an exhibition or convention user, or both to23
facilitate the private development and funding of lodging facilities, including any24
assignments thereof, any lease or sublease or extension or renewal thereof, including25
any assignments thereof, for allied services such as hotels, restaurants, retail outlets,26
offices and entertainment, shall be exempt from the provisions of R.S. 38:2211 et27
seq., and any other provision of law with respect to the purchase or lease of property28
by public entities; all other contracts, leases or subleases, or both, of the authority,29 ENROLLEDHB NO. 788
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including any assignment thereof, shall be entered into in accordance with the1
provisions of R.S. 38:2211.2
* * *3
Section 2. Section 20A of Act No. 305 of the 1978 Regular Session of the4
Legislature, as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act5
No. 99 of the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second6
Extraordinary Session of the Legislature, Act No. 287 of the 1982 Regular Session of the7
Legislature, Act No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the8
1987 Regular Session of the Legislature, Act No. 43 of the 1992 Regular Session of the9
Legislature, Act No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and10
42 of the 1994 Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 199711
Regular Session of the Legislature, and Act No. 72 of the 2002 First Extraordinary Session12
of the Legislature is hereby amended and reenacted to read as follows:13
Section 20.A. As used herein, "expansion project" shall mean a project or14
projects for the acquisition, construction, installation, and equipping of additions or15
improvements to the Ernest N. Morial Convention Center-New Orleans (Convention16
Center), including, but not by way of limitation, each of the following:17
(i) the (1) Phase III Convention Center Expansion Project consisting of a18
building attached to the Convention Center containing additional exhibit space,19
meeting rooms, ballroom space, a food court, exhibit hall concession stands, food20
production facilities, and other structures and facilities functionally related to the21
Convention Center and completed in April of 1999, and.22
(ii) the (2) Phase IV Convention Center Expansion Project. The term "Phase23
IV Convention Center Expansion Project" shall mean the project to construct a free-24
standing building across Henderson Street from the existing Convention Center, on25
a site owned by the authority, containing approximately 1,500,000 square feet under26
roof including approximately 500,000 square feet of exhibit space, with27
accompanying meeting rooms, food service areas, building service areas and other28
facilities functionally related thereto. It will be connected to Phase III by a pedestrian29
bridge above Henderson. 30 ENROLLEDHB NO. 788
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(3) Phase V Convention Center Expansion Project. The term "Phase V1
Convention Center Expansion Project" means a project to advance a tourism2
development plan for the Convention Center, including enhancements to the facility3
and installation of basic infrastructure to facilitate private development including the4
private development of lodging facilities on property owned by the Exhibition Hall5
Authority, the private component of which may involve a joint project between the6
Authority and a private entity and the public component of which is to be developed7
and funded in the following four stages in the order and according to the priorities8
determined by the Authority:9
(a) Stage One is to provide infrastructure including but not limited to the10
following:11
(i) Making public infrastructure improvements on Convention Center12
Boulevard, from Poydras Street to Orange Street, including utility improvements,13
redevelopment of north and south bound traffic lanes, the incorporation of a14
landscaped linear park and pedestrian mall, and the relocation, redirection, and15
redevelopment of traffic along South Peters Street and Tchoupitoulas Street.16
(ii) The development of public infrastructure in the area generally bounded17
by Henderson Street, Tchoupitoulas Street, Orange Street, and the Mississippi River18
flood wall to include the extension of Convention Center Boulevard from Henderson19
Street to Orange Street, public utility infrastructure to support anticipated private20
development, and any needed soil remediation.21
(iii) The relocation of existing power lines along Convention Center22
Boulevard and the incorporation of a mechanical means of mass transit, such as a23
moving sidewalk or a monorail, to transport people along Convention Center24
Boulevard, from Poydras Street to Orange Street. Stage One projects shall be25
accomplished in a manner which ensures that there is no reduction or impairment of26
current vehicular capacity in that area, particularly with respect to any improvements27
in the vicinity of Convention Center Boulevard and Poydras and Orange Streets.28
(b) Stage Two is to make improvements at or on the riverfront to provide the29
following:30 ENROLLEDHB NO. 788
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(i) Development of a riverfront festival park along the Mississippi River at1
existing wharfs, providing access to the river through the development of2
approximately five acres for recreational, hospitality, commercial, and residential3
use.4
(ii) Development of Riverfront Festival Park infrastructure, including public5
utilities, lighting, and landscaping.6
(c)(i) Stage Three is to further integrate the Convention Center with its7
surrounding urban areas through the following:8
(aa) Renovation of the south end of the existing Convention Center in order9
to create a new south entrance in response to adjacent development.10
(bb) Development of an executive conference center which may be11
integrated as part of a new, privately developed hotel.12
(ii) Stage Three projects shall be accomplished in a manner which ensure no13
impairment or diminishment of vehicular access to the facilities of the Board of14
Commissioners of the Port of New Orleans which are or may be accessed in the15
future via Henderson Street.16
(d)(i) Stage Four is to provide for the renovation, restoration, construction,17
or demolition of building or buildings, and site preparation related thereto, to18
facilitate the creation and development of a riverfront festival park.19
(ii) Activity associated with the renovation, restoration, construction, or20
demolition of the said building or buildings and the development and operation of21
the park is to be conducted in a fashion which ensures no interference with or22
adverse effect upon the main line track of the New 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
1987 Regular Session of the Legislature, Act No. 43 of the 1992 Regular Session of the30 ENROLLEDHB NO. 788
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are additions.
Legislature, Act No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and1
42 of the 1994 Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 19972
Regular Session of the Legislature, and Act No. 72 of the 2002 First Extraordinary Session3
of the Legislature is hereby enacted to read as follows:4
Section 20.5
* * *6
F. Without reference to any other provision of the Constitution or of laws of7
Louisiana, including the Act, the Authority is authorized from time to time, with the8
approval of the State Bond Commission, to issue its negotiable bonds in one or more9
series for the purpose of providing funds to finance the Phase V Convention Center10
Expansion Project of the Ernest N. Morial Convention Center in accordance with the11
provisions of Section 21 hereof; said bonds to be payable from all revenues derived12
by the Authority as more particularly set forth in the resolution or resolutions13
providing for their issuance.14
Section 4. Section 23 of Act No. 305 of the 1978 Regular Session of the Legislature,15
as amended by Act No. 657 of the 1979 Regular Session of the Legislature, Act No. 99 of16
the 1980 Regular Session of the Legislature, Act No. 9 of the 1980 Second Extraordinary17
Session of the Legislature, Act No. 287 of the 1982 Regular Session of the Legislature, Act18
No. 572 of the 1984 Regular Session of the Legislature, Act No. 390 of the 1987 Regular19
Session of the Legislature, Act No. 43 of the 1992 Regular Session of the Legislature, Act20
No. 1013 of the 1993 Regular Session of the Legislature, Act Nos. 13 and 42 of the 199421
Regular Session of the Legislature, Act Nos. 1174 and 1176 of the 1997 Regular Session of22
the Legislature, and Act No. 72 of the 2002 First Extraordinary Session of the Legislature23
is hereby amended and reenacted to read as follows:24
Section 23. In each fiscal year, after payment of all obligations of the25
authority secured by or payable from all or any part of the taxes levied pursuant to26
Sections 18 and 19 hereof, the authority shall deposit the balance of such taxes into27
a special escrow fund to be used solely to retire said obligations in advance of their28
maturities at a price or prices not greater than the applicable redemption price;29
provided, however, the provisions of this Section shall be applicable only to30 ENROLLEDHB NO. 788
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outstanding obligations of the authority issued or incurred prior to the effective date1
of this amendment to this Section and shall not be applicable with respect to any2
bonds or other obligations issued or incurred thereafter to pay any costs of the Phase3
III Expansion Project, or the Phase IV Expansion Project, or the Phase V Convention4
Center Expansion Project.5
Section 5. The legislature hereby specifically declares that this Act in no way and6
to no extent is intended to nor shall it be construed in any manner to impair outstanding7
bonded debt obligations of the authority.8
Section 6. No provision of this Act shall affect, alter, or diminish the rights, powers,9
and jurisdiction of the Board of Commissioners of the Port of New Orleans over any10
property it owns, operates, or administers.11
Section 7. To the extent that the provisions of this Act are inconsistent with any12
provision of statutory law or any special act of the legislature, or any part thereof, the13
provisions of this Act shall prevail. 14
Section 8. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: