§ 33:2740.27 — The Algiers Development District; creation, composition, and powers; levy of ad

Louisiana § 33:2740.27

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§2740.27. The Algiers Development District; creation, composition, and powers; levy of ad
valorem taxes and issuance of bonds
A.(1) There shall be, and there hereby is, created a special taxing district comprised
of all territory within the fifteenth ward of Orleans Parish, which ward extends to the center
of the Mississippi River.
(2) The special taxing district shall be known as, and is hereby designated, the
Algiers Development District of the city of New Orleans referred to in this Section as the
"district", such creation to be effective January 1, 1993.
(3) For federal purposes of military base realignment, the district shall be considered
a local redevelopment authority (LRA).
B. The council of the city of New Orleans, or its successor exercising the legislative
powers of the city, referred to in this Section, collectively, as the "city council", shall have
such power and control over, and responsibility for, the functions, affairs, and administration
of the district as are prescribed.
C. In order to provide for the orderly planning, development, acquisition,
construction, and effectuation of the services, improvements, and facilities to be furnished
by the district, and to provide for the representation in the affairs of the district of those
persons and interests immediately concerned with and affected by the purposes and
development of the district, there is hereby created a board of commissioners for the district,
referred to in this Section as the "board".
D. The board shall be composed of seven members, all of whom shall possess
qualifications as provided in this Subsection. The board shall be composed as follows:
(1)(a) The two state representatives who represent the fifteenth ward of Orleans
Parish, or their designees.
(b) The state senator who represents the fifteenth ward of Orleans Parish, or his
designee.
(c) The city council member who represents the fifteenth ward of Orleans Parish, or
his designee.
(d) The mayor of the city of New Orleans, or his designee.
(e) The assessor for the fifteenth ward of Orleans Parish, or his designee.
(f) The representative who represents the second congressional district of Louisiana
of the United States House of Representatives, or his designee.
(2)(a) Each designee shall be a resident of the fifteenth ward of Orleans Parish and
a qualified voter of the city of New Orleans. Each designee shall also have his principal
place of business in or own property in the fifteenth ward of Orleans Parish. Each designee
shall serve at the pleasure of his respective designating authority. Members shall serve until
their successors have been appointed and qualified.
(b) Any vacancy which occurs in the membership of the board shall be filled in the
same manner as the original appointment.
(3) As soon as practicable after its appointment, the board shall meet and elect from
its number a chairman, a vice chairman, a treasurer, and such other officers as it may deem
appropriate. A secretary of the board may be selected from among the members or may be
otherwise selected or employed by the board. The duties of the officers shall be fixed by
bylaws adopted by the board.
(4) The board shall adopt such rules and regulations as it deems necessary or
advisable for conducting its business and affairs and shall engage such assistants and
employees as is needed to assist the board in the performance of its duties. It shall hold
regular meetings as shall be provided by its bylaws and may hold special meetings at such
time and places within or without the districts as may be prescribed in its rules or regulations.
(5) A majority of the members of the board shall constitute a quorum for the
transaction of business. The board shall keep minutes of all regular and special meetings and
shall make them available to the public in conformance with law.
(6) The members of the board shall serve without compensation; however, they shall
receive travel allowance as reimbursement for expenses incurred while attending to the
business of the district.
(7) Notwithstanding any provision of law to the contrary, a member of the board may
serve on the board of a private entity which enters into contracts with the district provided
that the member does not receive compensation from the private entity.
E.(1) All services to be furnished within the district shall be furnished, supplied, and
administered by the city of New Orleans through its regularly constituted departments,
agencies, boards, commissions, and instrumentalities as appropriate in the circumstances;
and all capital improvements and facilities to be acquired, constructed, or provided within
the district, whether from the proceeds of bonds or otherwise, shall likewise be so acquired,
constructed, or provided by the city of New Orleans through its regularly constituted
departments, agencies, boards, commissions, and instrumentalities as appropriate in the
circumstances, it being the intention hereof to avoid absolutely the duplication of
administrative and management efforts and expense.
(2) In order to provide such services and to provide, construct, or acquire such capital
improvements or facilities, the board may enter into contracts with the city of New Orleans.
The cost of any such services, capital improvements, and facilities shall be paid to the city
of New Orleans from the proceeds of the special tax levied upon real property within the
district as provided in this Section, or from the proceeds of bonds, as the case may be.
(3) However, with the prior approval of the mayor and the city council, when the
service sought is not ordinarily provided by the city of New Orleans, the board may contract
with other entities in accordance with the approval of the mayor and the city council for such
services. The cost of such specially contracted services shall be paid for by the board with
its funds budgeted therefor.
(4) Notwithstanding the provisions of this Subsection, the board may exercise all of
the powers granted to a community development district as provided in R.S. 33:9039.19,
9039.20, and 9039.32.
F. The city council, in addition to all other taxes which it is now or hereafter may be
authorized by law to levy and collect, is hereby authorized to levy and collect as provided in
this Section for a term not to exceed fifty years from and after the date the first tax is levied
pursuant to the provisions of this Section, in the same manner and at the same time as all
other ad valorem taxes on property subject to taxation by the city are levied and collected,
a special ad valorem tax upon all taxable real property situated within the boundaries of the
Algiers Development District. The tax shall be levied and collected only after the question
of its imposition has been submitted to and approved by a majority of the qualified voters of
the district voting on the question at a regularly scheduled primary or general election to be
conducted in accordance with provisions of the Louisiana Election Code. Any tax levied
pursuant to the provisions of this Section shall be subject to the homestead exemption as
provided by Article VII, Section 20 of the Constitution of Louisiana. The proceeds of the
tax shall be used solely and exclusively for the purposes and benefit of the district. The
proceeds shall be paid over to the Board of Liquidation, City Debt, day by day as the same
are collected and received by the appropriate officials of the city of New Orleans and
maintained in a separate account. The tax proceeds shall be paid out by the Board of
Liquidation, City Debt, solely for the purposes provided for in this Section upon warrants or
drafts drawn on such Board of Liquidation, City Debt, by the appropriate officials of the city
and the treasurer of the district.
G.(1) The city of New Orleans, when requested by resolution adopted by the vote of
a majority of the members of the board, approved by a resolution of the city council adopted
by a majority vote of its members, and by resolution adopted by the vote of a majority of the
members of the Board of Liquidation, City Debt, shall have power and is hereby authorized
to incur indebtedness for and on behalf and for the sole and exclusive benefit of the district,
and to issue at one time, or from time to time, negotiable bonds, notes, bond anticipation
notes, renewal notes, revenue bonds, short-term revenue bonds, refunding bonds, interim
certificates, certificates of indebtedness, certificates of participation, debentures, warrants,
commercial paper, short-term loans, and other obligations or evidences of indebtedness
referred to in this Section collectively as bonds of the city of New Orleans, the principal of,
premium if any, and interest on which shall be payable from the proceeds of the special tax
authorized, levied, and collected pursuant to the provisions of this Section or from any other
sources whatsoever that may be available to the district, including funds derived from rentals
and leases of its property for the purpose of paying the cost of acquiring and constructing
capital improvements and facilities within the district. Such bonds shall not constitute
general obligations of the state of Louisiana, the parish of Orleans, or the city of New
Orleans, nor shall any property situated within the city other than property situated within the
boundaries of the district be subject to taxation for the payment of the principal of, premium
if any, and interest on such bonds. Furthermore, any indebtedness incurred by the city of
New Orleans for and on behalf and for the benefit of the district pursuant to the provisions
of this Section, whether evidenced by bonds, notes, or other evidences of indebtedness, or
otherwise, shall be excluded in determining the power of the city of New Orleans to incur
indebtedness and to issue its general obligation bonds. The principal amount of such bonds
which may be outstanding and unpaid at any one time shall never exceed the sum of two
hundred million dollars. The proceeds derived from the sale of all such bonds shall be paid
over to the appropriate officials of the city of New Orleans and shall be disbursed solely for
the purposes and benefit of the district. All such bonds shall be sold by the Board of
Liquidation, City Debt, and shall bear such rate or rates of interest, and shall, except as
otherwise specifically provided in this Section, be in such form, terms, and denominations,
be redeemable at such time or times at such price of or prices, and payable at such times and
places, within a period of not exceeding fifty years from the date thereof, as the Board of
Liquidation, City Debt, shall determine.
(2) Such bonds shall be signed by the mayor of the city of New Orleans and the
director of finance of the city of New Orleans, or officers exercising a similar function, and
countersigned by the president or vice president and the secretary or assistant secretary of the
Board of Liquidation, City Debt, provided that in the discretion of the Board of Liquidation,
City Debt, all but one of such signatures may be in facsimile, and the coupons attached to
such bonds shall bear the facsimile signatures of the director of finance and the secretary or
assistant secretary. In case any such officer whose signature or countersignature appears
upon such a bond or coupon shall cease to be such officer before delivery of the bonds or
coupons to the purchaser, such signature or countersignature shall nevertheless be valid for
all purposes. The cost and expense of preparing and selling the bonds shall be paid from the
proceeds thereof.
(3) The resolution of the Board of Liquidation, City Debt, authorizing the issuance
and sale of such bonds and fixing the form and details thereof, may contain such other
provisions, not inconsistent nor in conflict with the provisions of this Section, as it may deem
to be necessary or advisable to enhance the marketability and acceptability thereof by
purchasers and investors, including but without limiting the generality of the foregoing,
covenants with bondholders setting forth conditions and limitations on the issuance of
additional bonds constituting a lien and charge on the special tax levied on real property
within the district pari passu with bonds theretofore issued and outstanding, and the creation
of reserves for the payment of the principal of and interest on such bonds. These bonds and
the interest thereon are exempt from all taxation levied for state, parish, or municipal or other
local purposes; and savings banks, tutors of minors, curators of interdicts, trustees, and other
fiduciaries are authorized to invest the funds in their hands in the bonds.
(4) The Board of Liquidation, City Debt, as now organized and created, and with the
powers, duties, and functions prescribed by existing laws, shall be continued so long as any
bonds authorized by this Section are outstanding and unpaid.
(5) Notwithstanding any other provision of this Section to the contrary, no bonds
shall be issued unless and until the maximum amount of the bonds has been approved by a
majority of the electors voting thereon in the city of New Orleans in an election called for
that purpose.
H.(1) The district shall have the power to acquire, to lease, to insure, and to sell real
or immovable property within its boundaries.
(2)(a)(i) Notwithstanding any other provision of law to the contrary, with respect to
any immovable property that is owned by the district and that either was formerly owned by
the United States Department of the Navy and known as Federal City or is immediately
contiguous thereto, the district may lease, insure, mortgage or hypothecate, donate, or sell
such property or otherwise contract with respect to the management and development of such
property in any reasonable manner it deems necessary to fulfill its mission as a
redevelopment authority. In order to facilitate the redevelopment of Federal City property
only, the district shall not be required to follow any other provision of law applicable to the
sale, lease, or donation of property owned by a public body not otherwise governed by the
Constitution of Louisiana, including the public lease law, R.S. 41:1211 et seq., and the
Public Bid Law, R.S. 38:2211 et seq., relative to the disposition of immovable property or
for contracting with respect thereto and shall not be required to receive the approval of any
other public entity or agency with respect to any action taken pursuant to this Subparagraph
to develop Federal City.
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, with respect to
the development of property pursuant to this Subparagraph, the district shall be required to
comply with all applicable zoning and permitting ordinances of the city of New Orleans.
(iii) The contiguous property referred to in Item (i) of this Subparagraph refers only
to property owned by the district on April 1, 2013.
(b) Notwithstanding any other provision of law to the contrary, in order to facilitate
development within the district, including placing the property formerly owned by the United
States Department of the Navy and known as Federal City into commerce, the district may
exercise all powers granted to local governmental subdivisions by Chapter 27 of Title 33 of
the Louisiana Revised Statutes of 1950, as amended.
(c) The district may delegate its authority to make decisions necessary to carry out
the provisions of this Paragraph to a committee composed in whole or in part of district
board members; however, the district may reserve any authority it deems necessary.
(d) The assets and income derived from the development of property pursuant to this
Paragraph shall be used solely for the benefit of the district and all projects within the
district, including the Federal City project. The development of property pursuant to this
Paragraph shall be in accordance with a master plan approved by the district, the joint
development committee for the Federal City project, the secretary of Louisiana Economic
Development, and the commissioner of administration.
I. The district shall have the power to advance to the city of New Orleans funds for
payment for services rendered by the city pursuant to a contract or contracts between the
district and the city.
J.(1) Notwithstanding any law to the contrary, if the board determines, in its
discretion, that it is in the best interest of the taxpayers and that completion of public
improvements and facilities will be expedited, the design and construction phases of any
project may be combined.
(2) The board shall adopt and promulgate rules for administering design-build
contracts. Such procedures shall include but not be limited to:
(a) Prequalification requirements of competitors for design-build projects.
(b) Public announcement procedures for solicitation of interested design-build
competitors.
(c) Scope of service requirements to be met by the successful designer-builder.
(d) Requirements of letters of interest by competitors for the design-build contract.
(e) Criteria and procedures for choosing a short list of interested competitors from
which to request the submission of technical proposals.
(f) Requirements for bid proposals by competitors for design-build contracts.
(g) Composition of and appointment of qualified individuals to the technical review
committee which shall grade and judge the technical proposals for ranking and
recommendation to the board.
(h) Selection, process of award, and execution of the design-build contract for a
stipulated sum certain.
(3) Notwithstanding any law to the contrary, the board may utilize a competitive
request for proposals process to select a design-build contractor as follows:
(a) For a contract to be let under the provisions of this Subsection, the board shall
give adequate public notice of the request for proposals by advertising in the official journal
of the city at least thirty days before the last day that proposals will be accepted. In addition,
the board shall mail written notice to persons, firms, or corporations who are known to be
in a position to furnish the required services at least thirty days before the last day that
proposals will be accepted.
(b) The request for proposals shall clearly indicate the relative importance of price
and other evaluation factors, the criteria to be used in evaluating the proposals, and the time
frames within which the work must be completed.
(c) Written or oral discussions shall be conducted with all responsible offerors who
submit proposals determined in writing to be reasonably susceptible of being selected for
award. Discussions shall not disclose any information derived from proposals submitted by
competing offers.
(d)(i) The contract award shall be made to the responsible offeror whose proposal
is determined in writing by the board to be the most advantageous to the district, taking into
consideration review of price and the evaluation factors set forth in the request for proposals.
(ii) A request for proposals or other solicitation may be canceled or all proposals may
be rejected only if it is determined, based on reasons provided in writing, that such action is
taken in the best interest of the district.
(e) Each contract entered into pursuant to this Subsection shall contain as a
minimum:
(i) Description of the work to be performed and objectives to be met, as applicable.
(ii) Amount and time of payments to be made.
(iii) Description of reports or other deliverables to be received, when applicable.
(iv) Date of reports or other deliverables to be received, when applicable.
(v) Responsibility for payment of taxes, when applicable.
(vi) Circumstances under which the contract can be terminated either with or without
cause.
(vii) Remedies for default.
(viii) A statement giving the legislative auditor the authority to audit records of the
individual(s) or firm(s).
(f) When written proposals are submitted by offerors, the proposals of the successful
offeror shall be incorporated into the final contract consummated with that offeror.
(4) There shall be no challenge by any legal process to the choice of the successful
designer-builder other than for fraud, bias for pecuniary or personal reasons not related to the
interest of the taxpayers, or arbitrary and capricious selection by the board. Once the
designer-builder has been chosen and a contract for a stipulated sum certain executed, the
price of the design-build contract shall not be increased other than for inflation, as prescribed
in the contract, and for site or other conditions existing at the site or concerning the design
and construction of which the designer-builder had no knowledge and should not have had
knowledge as a reasonable possibility.
K.(1) The district may enter into contracts with any private entity for the purpose of
development within the boundaries of the district. Such contracts shall be subject to audit
by the legislative auditor who may exercise the power and authority granted to him by R.S.
24:513 with respect to such contracts. However, no private entity shall be considered a
public or quasi public entity or a public body as a result of entering into a contract with the
district or as a result of receiving or expending funds of or on behalf of the district.
(2) No provision of this Subsection shall be construed to apply to any contract
entered into by the district with an investor-owned utility that is regulated by the Louisiana
Public Service Commission or by the governing authority of the city of New Orleans.
NOTE: See Acts 2003, No. 865, §2, relative to terms of members serving on
July 1, 2003.

Legislative History

Acts 1992, No. 242, §1; Acts 2003, No. 865, §1, eff. July 1, 2003; Acts 2005, No. 380, §1, eff. June 30, 2005; Acts 2008, 2nd Ex. Sess., No. 6, §1, eff. March 24, 2008; Acts 2013, No. 148, §1, eff. June 7, 2013; Acts 2015, No. 376, §1, eff. July 1, 2015; Acts 2016, No. 172, §1; Acts 2016, No. 289, §1; Acts 2025, No. 448, §1.