§ 33:4574.7 — City of Alexandria; occupancy tax; rate; issuance of bonds

Louisiana § 33:4574.7

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

A. As used in this Section and in R.S. 33:4574.8, the following terms shall have the following meanings:
(1) "City" means the city of Alexandria.
(2) "Hotel" means and includes any establishment, both public and private, engaged in the business of furnishing or providing rooms intended or designed for dwelling, lodging, or sleeping purposes to transient guests where such establishment contains two or more guest rooms, including overnight camping facilities, and does not encompass any hospital, convalescent or nursing home or sanitarium, or any hotel-like facility operated by or in connection with a hospital or medical clinic providing rooms exclusively for patients and their families.
(3) "Person" means and includes any person as defined in R.S. 1:10.
B.(1) The governing authority of the city of Alexandria may levy and collect a tax upon the occupancy of hotel rooms within the corporate limits of the city not to exceed one percent of the rent or fee charged for such occupancy; however, the governing authority of the city of Alexandria shall not levy and collect such tax until it has authorized the expenditure of funds from other sources for the acquisition, construction, and maintenance of an exhibition center. The tax shall be imposed by ordinance adopted by the governing authority of the city of Alexandria who may provide for necessary rules and regulations for the imposition, collection, and enforcement of the tax in the ordinance.
(2) The tax shall be paid by the person who exercises, or is entitled to, occupancy of the hotel room, and shall be paid at the same time the rent or fee of occupancy is paid.
C. The net proceeds of the tax, after deduction of reasonable collection expenses, shall be used for the acquisition, construction, and maintenance of an exhibition center. Any monies remaining after acquisition, construction, and maintenance of an exhibition center shall be appropriated by the governing authority of the city of Alexandria to the Alexandria/Pineville Area Convention and Visitors Bureau.
D.(1) The governing authority of the city of Alexandria may fund the revenues derived from the tax into negotiable bonds and may issue bonds from time to time solely and exclusively for the purpose of acquiring, constructing, and maintaining an exhibition center, such bonds payable solely from and secured by an irrevocable pledge and dedication of the tax hereby authorized, subject only to the prior payment of the costs and expenses of administration and collection of the tax. The bonds shall be subject to the limitations and restrictions provided in this Section.
(2) The bonds shall be authorized and issued by ordinance of the governing authority of the city of Alexandria and be of such series, bear such date or dates, mature at such time or times, beginning not more than three years after the date of the bonds and ending not later than twenty-five years after the date thereof, bear interest at such rate or rates payable at such times, be in such denomination, form, either coupon or fully registered without coupons, carry such registration and exchangeability privileges, be payable in such medium and at such place or places within or without the state, be subject to such terms of redemption, be entitled to such priorities on the tax revenues and be sold upon such terms not inconsistent herewith as such ordinance may provide. The bonds shall be executed in the name of the city by the manual or facsimile signature of such official or officials of the city as designated by the governing authority of the city of Alexandria in the ordinance authorizing their issuance. At least one signature on each bond shall be a manual signature. The seal or a facsimile thereof of the city shall be affixed or otherwise reproduced upon each bond. The delivery of any bonds or coupons so executed at any time thereafter shall be valid although before the date of delivery any person or persons signing the bonds or coupons no longer hold office. The maturities of the bonds shall be so arranged that the total amount of principal and interest falling due in any year, together with principal and interest falling due in such year on all bonds theretofore issued and then outstanding, shall never exceed seventy percent of the amount of tax revenues estimated by the governing authority of the city of Alexandria to be received by it in a calendar year in which the bonds are issued.
(3) Bonds issued pursuant to this Section shall constitute a borrowing solely upon the credit of the tax revenues received or to be received by the governing authority of the city of Alexandria and shall not constitute an indebtedness or pledge of the general credit of the city, and the bonds shall contain a recital to that effect. No member of the governing authority of the city of Alexandria or officer of the city or any person executing the bonds shall have any personal liability on such bonds. Bonds issued hereunder shall be payable solely from and secured by an irrevocable pledge and dedication of such part of the tax revenues as may be pledged thereto in the authorizing ordinance. Any holder of any of such bonds or coupons attached thereto may enforce and compel performance of all duties required to be performed by the governing authority of the city of Alexandria as a result of issuing the bonds and may similarly enforce the provisions of the ordinance of the governing authority of the city of Alexandria imposing the tax and the ordinance and proceedings authorizing the issuance of the bonds. When any bonds shall have been issued pursuant to this Section, neither the legislature, the governing authority of the city of Alexandria nor any other authority shall discontinue or decrease the tax or permit the tax to be discontinued or decreased in anticipation of the collection of which such bonds have been issued or in any way make any change in the allocation and dedication of the proceeds of the tax which would diminish the amount of the tax revenues to be received by the city until all of such bonds shall have been retired as to principal and interest, it being the intention hereof to vest in the holders of such bonds and coupons a contractual right under the provisions of this Section.
(4) The governing authority of the city of Alexandria may in any ordinance authorizing such bonds provide for the respective priorities of its separate blocks, series, or issues of bonds issued hereunder and may provide for the issuance of additional bonds in the future on a parity therewith as may be specified in the ordinance. In the absence of such provision, if more than one series of bonds is issued hereunder payable from the same tax revenues, priority of lien on such revenues shall depend on the time of the delivery of the bonds, each series enjoying a lien prior and superior to that enjoyed by any series of bonds subsequently delivered, except that as to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the governing authority of the city of Alexandria may in the ordinance authorizing the issuance of the bonds provide that all of the bonds of such series or issue shall be coequal as to lien regardless of the time of delivery; however, nothing herein shall vest in any holder of the bonds any right of lien or priority of any kind against any part of the tax revenues not pledged to the payment of the bonds by the ordinance authorizing the issuance of the bonds. Any resolution may contain such covenants with the future holder or holders of the bonds as to tax revenues, the disposition thereof, the issuance of future bonds, and such other pertinent matters as may be deemed necessary by the governing authority of the city of Alexandria to assure the marketability of the bonds, provided such covenants are not inconsistent with the provisions of this Section. Any resolution authorizing the issuance of bonds hereunder may contain such provisions to assure the enforcement, collection, and proper application of the tax revenues as the governing authority of the city of Alexandria may think proper and consistent with this Section, and when any bonds payable from the tax revenue shall have been issued, this Section, the ordinance of the governing authority of the city of Alexandria levying and authorizing collection of the tax, and the obligation of the governing authority of the city of Alexandria to continue to levy, collect, and allocate the tax and to apply the revenues derived therefrom in accordance with the provisions of the ordinance shall be irrevocable until such bonds have been paid in full as to principal and interest and shall not be subject to amendment in any manner which would impair the rights of the holders from time to time of such bonds or which would in any way jeopardize the prompt payment of principal thereof or interest thereon.
E.(1) All bonds shall be advertised for sale on sealed bids in accordance with the provisions of R.S. 39:1426. The governing authority of the city of Alexandria may reject any and all bids. If the bonds are not sold pursuant to advertisement, they may be sold by the governing authority of the city of Alexandria at private sale within sixty days after the date advertised for the reception of sealed bids, but no private sale shall be made at a price less than the highest bid which shall have been received. If not so sold, the bonds shall be readvertised in the manner herein prescribed.
(2) Bonds issued pursuant to this Section may also be issued as provided for in Chapter 13 of Title 39 of the Louisiana Revised Statutes of 1950.
F. The proceeds derived from the sale of bonds issued pursuant to this Section shall be used exclusively by the governing authority of the city of Alexandria for the purposes provided in Subsection C of this Section, but the purchasers of the bonds shall not be obligated to see to the application of the proceeds.
G. Before bonds are issued hereunder, the governing authority of the city of Alexandria shall investigate and determine the regularity of the proceedings. The ordinance authorizing the bonds may direct that the bonds contain a recital certifying that the bond is authorized by and is issued in conformity with the requirements of the constitution and laws of the state. Such recital shall be deemed to be the authorized declaration of the governing authority of the city of Alexandria and to import that there is constitutional and statutory authority for issuing the bonds and imposing the tax, that all the proceedings are regular, that all acts, conditions, and things required to exist, happen, and be performed precedent to and in the issuance of the bonds and imposition of the tax have existed, happened, and been performed in due time, form, and the manner required by law, that the amount of the bonds together with all other indebtedness of the city does not exceed any limit or limits prescribed by the constitution or statutes of the state and that the required notices have been regularly and duly given by publication in the manner required by law. If any bonds are issued containing the recital, they shall be construed according to the import herein declared, and it shall be conclusively presumed that the recital is true, and neither the governing authority of the city of Alexandria nor any taxpayer shall be permitted to question the validity or regularity of the bonds, obligations, or tax in any court or in any other action or proceeding.
H.(1) After the time within which the validity of the bonds may be contested has elapsed as provided hereafter, the bonds shall be registered with the secretary of state without charge and shall have endorsed thereon a legend stating that they are incontestable and are secured by a pledge and dedication of a tax authorized by this Section in the city and that they were registered with the secretary of state on the date so registered, and the endorsement shall be signed by the secretary of state.
(2) All bonds issued pursuant to this Section and the interest thereon shall be exempt from all taxation in the state. The bonds may be used for deposit with any officer, board, municipality, or other political subdivision of the state in any case where deposit of security is required.
I.(1) This Section shall be construed as cumulative authority for the exercise of the powers herein granted. The authority granted herein to the governing authority of the city of Alexandria shall not be affected or limited by any other provision of any statute of this state, and no provision, publication, election, or right of referendum shall be required or afforded in the performance of any act herein authorized to be done, including the imposition, collection, and application of the tax and issuance of bonds, except as herein otherwise specifically provided. However, in order to accomplish the purposes provided for herein, the governing authority of the city of Alexandria is authorized to utilize all of the types of securities, devices, procedures, and methods of borrowing or securing provided for tax revenues as set forth in Title 39 of the Louisiana Revised Statutes of 1950 when issuing indebtedness and otherwise using the tax revenue provided for in this Section. The bonds may be issued, reissued, advertised, sold, secured, enhanced, refunded, defeased, or otherwise utilized, and the tax revenues may be used in any manner according to any procedure provided for in Title 39 for the governing authority of the city of Alexandria; however, such use must accomplish the purposes provided for in this Section.
(2) Any bonds issued pursuant to this Section shall be considered negotiable in accordance with the commercial laws of Louisiana and shall not be invalid for any irregularity or defect in the proceedings for the issuance and sale thereof and shall be incontestable in the hands of bona fide purchasers or holders for value.
(3) The ordinance authorizing the issuance of the bonds and pledging and dedicating tax revenues to the payment thereof shall be recorded in the mortgage records of the parish and shall be published in one issue of the official journal of the city, but it shall not be necessary to publish any exhibits to the ordinance if they are available for public inspection and such fact is stated in the publication. Within thirty days after the date of publication, any person in interest may contest the legality of the tax levied and of the ordinance, any provisions in the ordinance made for the security and payment of the bonds to be issued pursuant thereto, and the validity of all other provisions and proceedings relating to the authorization and issuance of such bonds and the levy of the taxes. If no action or proceeding is instituted within thirty days, no person shall have any cause of action to test the regularity, formality, legality, or effectiveness of the levy of the tax and of the ordinance, any provisions of the bonds to be issued pursuant to the ordinance, the provisions for the security and payment of the bonds, and of the validity of all other provisions and proceedings relating to the authorization and issuance of the bonds and the levy of the tax for any cause whatsoever, and it shall be conclusively presumed that every legal requirement for the issuance of the bonds and the levy of the tax has been complied with and that the bonds and tax are legal. Thereafter, no court shall have authority to inquire into any such matters. Any action or proceeding instituted by such person in interest or by the city shall be in accordance with the provision of Part XVI of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 1950.
J.(1) Until such time as the bonds authorized hereby are issued and the proceeds of the tax are required for debt service as set forth in this Section, or the substantial completion of construction of an exhibition hall, the net proceeds of the tax after deduction of reasonable collection expenses shall be transmitted on a monthly basis to the Alexandria/Pineville Area Convention and Visitors Bureau for advertising, promotion, and marketing of conventions and tourism. The bureau may invest any or all of the net proceeds in the manner provided by law.
(2) The books of the Alexandria/Pineville Area Convention and Visitors Bureau shall be audited by an independent certified public accountant annually, and the accountant shall make a written report of his audit to the governing authority of the city of Alexandria.
K.(1) The avails of the tax imposed by R.S. 47:331 from the sale of services as defined in R.S. 47:301(14)(a) in the city of Alexandria under the provisions of R.S. 47:331(C) and R.S. 47:332 shall be credited to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall pay the remainder of such funds into a special fund which is hereby created in the state treasury and designated as the Alexandria/Pineville Exhibition Hall Fund.
(2) The amount of proceeds in the fund when appropriated by the legislature in accordance with this Section shall be available for planning, designing, purchasing, or preparing for the purchase of land, and otherwise preparing for the construction, and for the construction, operation, and maintenance of an exhibition hall.
L. The monies in the fund shall be subject to an annual appropriation by the legislature. All unexpended and unencumbered monies in the Alexandria/Pineville Exhibition Hall Fund shall remain in the fund. The monies in the fund shall be invested by the treasurer in the same manner as monies in the state general fund and all interest earned shall be deposited into the state general fund.
M. The city of Alexandria may issue bonds payable from a pledge and dedication of the amounts of proceeds of the tax in the Alexandria/Pineville Exhibition Hall Fund allocated for the purposes set forth in this Section. Whenever such bonds are issued, the legislature shall annually appropriate, to the extent of deposits in the fund, monies sufficient to pay the principal, interest, and premium, if any, due on the bonds each year, or if such appropriation can not be effected, the state shall in no way be a party to any contractual rights arising from the bonds issued, nor shall the state be in any way obligated for any payments due holders of the bonds issued under the provisions of this Section.

Legislative History

Acts 1991, No. 992, §1; Acts 1992, No. 421, §1.