§ 33:7603 — Definitions

Louisiana § 33:7603

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

The following terms wherever used or referred to in this Chapter shall have the following meanings unless a different meaning is clearly indicated in the context:
(1) "Advisory board" means any of the advisory boards created under R.S. 33:7608.
(2) "Bonds and notes" means bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures or other obligations or evidences of indebtedness authorized to be issued by a corporation pursuant to this chapter.
(3) "Clerk" means the official of the parish or municipality who is the custodian of the official records of the governing body.
(4) "Community development management" means the private development corporation or other entity retained by a corporation pursuant to R.S. 33:7611.
(5) "Corporation" or "the new community development corporation" means any of the public bodies corporate and politic created by R.S. 33:7604 through R.S. 33:7609 and any subsidiary thereof which may be created pursuant to R.S. 33:7615.
(6) "Debt service millage" means any millage levied pursuant to Article VI, Section 30 of the Constitution of Louisiana which has been dedicated to retiring bonded indebtedness.
(7) "Executive Officer" means the mayor, chief executive officer or any other officer charged with the duties customarily imposed on the mayor or chief executive officer of the parish or municipality.
(8) "Federal government" means any department, agency or instrumentality, corporate or otherwise, of the United States of America.
(9) "Governing body" means the legislative body, commission, council, board of aldermen, police jury, or other body charged with governing the parish or municipality.
(10) "Increment revenues" means the amount calculated pursuant to R.S. 33:7610.1 and 7610.2.
(11) "Land acquisition" means the acquisition of real property for land development as part of a project. Land acquisition shall include the removal of liens and encumbrances on real property and the use of real property in connection with the acquisition of such property.
(12) "Land development" means the process, as part of a project, of clearing and grading land, arranging for the installation or construction of water lines and water supply installations, sewer lines, and sewage disposal installations, steam, gas, and electric lines and installations, roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and other installations or work, whether on or off site, deemed desirable to prepare land for residential, commercial, industrial or other uses, or to provide facilities for public or common use. Land development shall include the construction of public facilities but shall not include the construction of any other building unless it is:
(a) Needed in connection with a water supply or sewerage disposal installation or a steam, gas or electric line, or installation; provided that any building proposed to be constructed under this clause which interferes with the construction, operation or maintenance of a steam, gas or electric line or installation of a public utility corporation legally authorized to operate in the area of the development project shall not be undertaken without the consent of said public utility corporation, or
(b) Is to be owned and maintained by the residents of the area included within the project under joint or cooperative arrangements.
(13) "Master plan" means the comprehensive plan of the parish or municipality.
(14) "Municipality" or "parish" shall mean the city of New Orleans.
(15) "New community" means a newly-built community or major addition to or upgrading of an existing community which includes most, if not all, of the activities and facilities normally associated with a city or town; cultural, educational, and religious facilities, as well as housing, transportation, utilities, industry, commerce, open space and recreation.
(16) "New community development area" or "area" means the area of the parish or municipality designated by the governing body, pursuant to R.S. 33:7612(A), as the site of a new community.
(17) "New community development plan" or "plan" means a generalized land use and land development plan for a new community development area which shall include but not be limited to the following:
(a) The major planning assumptions and objectives, including the projected population and the planned development pace.
(b) A generalized statement of the proposed uses of land throughout the area with a general allocation of relative amounts and proportions of the area to be devoted to residential, commercial, industrial, institutional and public use, indicating the anticipated residential density, the approximate proportionate amounts of low, moderate and higher income facilities and the general extent of commercial and industrial uses.
(c) A generalized statement of the relative amounts and proportions of proposed public, semi-public, private or community facilities or utilities including but not limited to major arterial street systems, parks, recreational facilities, shoreline developments, water and drainage systems, and health and educational facilities.
(d) A statement of the relationship between the new community development plan and the master plan for the parish or municipality.
(e) Such additional statements or documentation as a corporation may deem necessary or appropriate.
(18) "New community development project" or "development project" or "project" means one or more works, undertakings and activities for the development, redevelopment, improvement, construction, rehabilitation or conservation of structures, facilities and appurtenances in a new community development area which is intended to result in a new community, including the activities required to carry out a new community development plan.
(19) "New community trust fund" means a trust fund established pursuant to R.S. 33:7610.1.
(20) Repealed by Acts 2011, 1 st Ex. Sess., No. 20, §2, eff. June 12, 2011.
(21) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity.
(22) "Planning body" means the commission, board, department or agency in the parish or municipality charged with the responsibility of conducting comprehensive planning and developing the master plan for such parish or municipality.
(23) "Public agency or body" means the state and any parish or municipality; and any board, commission, authority, agency, district, subdivision, or department, instrumentality, corporate or otherwise, of the foregoing.
(24) "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith any and every estate, interest, right or use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise.
(25) "Subsidiary" means a corporation created by a new community development corporation pursuant to R.S. 33:7610.
(26) "Surplus profits" means profits in excess of that required, as determined by a corporation, to meet the needs, goals, and objectives of a new community as provided in R.S. 33:7617.
(27) "Taxing district", for purposes of this Chapter, includes the governing body and each separate taxing authority or tax recipient body within the parish or municipality except parish school boards and school districts.
(28) "Title VII" means Title VII of the Housing and Urban Development Act of 1970, 42 U.S.C. §§4511-4532, including any successor or amendatory statutes.
(29) "Title VII activities" means "land acquisition" and "land development".

Legislative History

Acts 1972, No. 553, §3; Acts 1987, No. 815, §1, eff. July 20, 1987; Acts 1991, No. 289, §10; Acts 2011, 1 st Ex. Sess., No. 20, §§1, 2, eff. June 12, 2011.