§ 33:9038.59 — New Orleans City Park Taxing District

Louisiana § 33:9038.59

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9038.59. New Orleans City Park Taxing District
A. Creation. The New Orleans City Park Taxing District, a special taxing district
and political subdivision of the state, hereinafter referred to as the "district" is hereby created
in the parish of Orleans.
B. Boundaries. The district shall be the same as the area known as New Orleans City
Park.
C. Purpose. The district is created to provide for cooperative economic development
between the city of New Orleans, the New Orleans City Park Improvement Association, and
the district in order to provide for the renovation, restoration, and development of the
property in the city of New Orleans which is known as New Orleans City Park.
D. Governance. (1) In order to provide for the orderly development of the district
and effectuation of the purposes of the district, the district shall be administered and
governed by a board of commissioners of four persons comprised as follows:
(a) The president of the city council of the city of New Orleans.
(b) The secretary of the Department of Culture, Recreation, and Tourism.
(c) The president of the board of commissioners of the New Orleans City Park
Improvement Association.
(d) The chief executive officer of New Orleans City Park.
(2) A majority of the members of the board shall constitute a quorum for the
transaction of business. The board shall keep minutes of all meetings and shall make them
available for inspection through the board's secretary. The minute books and archives of the
district shall be maintained by the board's secretary. The monies, funds, and accounts of the
district shall be in the official custody of the board.
(3) The board shall adopt bylaws and prescribe rules to govern its meetings. The
members of the board shall serve without salary or per diem and shall be entitled to
reimbursement for reasonable, actual and necessary expenses incurred in the performance
of their duties.
(4) The domicile of the board shall be established by the board at a location within
the district.
(5) The board shall elect from its own members a president, vice-president, secretary
and treasurer, whose duties shall be common to such offices or as may be provided by bylaws
adopted by the district. At the option of the board or as provided in the bylaws, the offices
of secretary and treasurer may be held by one person. The board shall hold regular meetings
and may hold special meetings as provided in the bylaws. All such meetings shall be public
meetings subject to the provisions of R.S. 42:11 et seq.
E. Rights and powers. The district, acting by and through its board of
commissioners, shall have and exercise all powers of a political subdivision and special
taxing district necessary or convenient for the carrying out of its objects and purposes
including but not limited to the following:
(1) To sue and to be sued.
(2) To adopt bylaws and rules and regulations.
(3) To receive by gift, grant, donation or otherwise any sum of money, property, aid
or assistance from the United States, the state, or any political subdivision thereof, or any
person, firm, or corporation.
(4) For the public purposes of the district, to enter into contracts, agreements or
cooperative endeavors with the state and its political subdivisions or political corporations
and with any public or private association, corporation, business entity, or individual.
(5) To appoint officers, agents, and employees, prescribe their duties, and fix their
compensation.
(6) To acquire by gift, grant, purchase, lease, or otherwise such property as may be
necessary or desirable for carrying out the objectives and purposes of the district and to
mortgage and sell such property.
(7) In its own name and on its own behalf, to incur debt and to issue bonds, notes,
certificates and other evidences of indebtedness. For this purpose the district shall be
deemed and considered to be an issuer for purposes of R.S. 33:9037 and shall, to the extent
not in conflict with this Section, be subject to the provisions of R.S. 33:9037.
(8) To establish such funds or accounts as are necessary for the conduct of the affairs
of the district.
F. Term. The district shall dissolve and cease to exist one year after the later of the
date all bonds, notes, and other evidences of indebtedness of the district, including refunding
bonds are paid in full as to both principal and interest or the date the district determines that
any economic development special trust fund which may be created by the district shall no
longer be funded; however, under no event shall the district have an existence of less than
three years or more than thirty years.
G.(1) For purposes of implementing tax increment financing as provided for in this
Part, the board shall have all authorities provided for in R.S. 33:9038.34 to implement sales
tax increment financing, including in particular the provisions of R.S. 33:9038.34(O), except
that the provisions of R.S. 33:9038.34(A)(6) shall not be applicable and instead Paragraph
(2) of this Subsection shall control the process for the dedication of any state of Louisiana
sales tax increments. However, any tax or portion of a tax which has been previously
dedicated to another purpose according to a proposition approved by voters shall be used as
such a tax increment only if approved by a majority of the voters of the taxing authority
levying the tax voting on the proposition in an election held for such purpose.
(2) Subject to dedication by law, state of Louisiana sales tax increments may be
dedicated to pay the revenue bonds of a local economic development project but shall not
exceed the aggregate portion of the local sales tax increment dedicated for such purposes.
Prior to the dedication of state sales tax increments to pay revenue bonds for a local
economic development project, the commissioner of administration shall submit the
proposed project to the Joint Legislative Committee on the Budget for approval. The
submittal shall include a written evaluation and determination by the division of
administration and certification by the Department of Revenue of the anticipated increase in
state sales tax revenues to be collected within the state over state sales tax revenues that were
collected within the state in the year immediately prior to the year in which the project is
submitted to the committee that would be a direct result of the project. In determining
whether to approve the dedication of state sales tax increments, the Joint Legislative
Committee on the Budget shall take into account whether the city of New Orleans has agreed
to the dedication of a portion of the city's sales tax for a local economic project or projects
in the district, including the length of time for any such dedication and the amount of any
such dedication. In addition, subject to the provisions of R.S. 33:9029.2, any cooperative
endeavor agreement or other agreement providing for the expenditure of funds collected by
the state as state sales tax increments and dedicated to a project or for the payment of revenue
bonds therefor shall be subject to approval by the State Bond Commission prior to execution
by the state, except the provisions of R.S. 33:9029.2(A)(2) and (B) as to the submission of
applications or filing of suits by Louisiana Economic Development shall not apply. Any
application to the State Bond Commission for such approval shall be submitted by the
district. Any suit to determine the validity of any cooperative endeavor agreement prior to
the execution thereof pursuant to the provisions of Part XVI of Chapter 32 of Title 13 of the
Louisiana Revised Statutes of 1950 as though the agreement constituted the issuance of
bonds of a governmental unit may be filed by the district.
(3) The board shall designate the boundaries of a sales tax area and shall designate
the local sales taxes, which are to be used in determining the sales tax increments and the
initial annual baseline collection rate for the sales tax area, which shall be the amount of such
designated sales taxes collected in the sales tax area in the fiscal year of the district most
recently completed prior to the establishment of the sales tax area. In addition, a monthly
baseline collection rate shall be determined by dividing the initial annual baseline collection
rate by twelve. The initial annual baseline collection rate and the monthly baseline collection
rate shall be certified by the chief financial officer or equivalent of the district. The
certification shall also be published one time in the official journal of the parish of Orleans.
If the amounts of the initial annual baseline collection rate and the monthly baseline
collection rate are not contested within thirty days after said publication, then such amounts
shall be conclusively presumed to be valid, and no court shall have jurisdiction to alter or
invalidate the designation of the amount of either the initial annual baseline collection rate
or the monthly baseline collection rate.
H. The provisions of this Section shall not affect any school system or law
enforcement agency for any purpose.
I. Liberal construction. This Section, being necessary for the welfare of the parish
and its residents, shall be liberally construed to effect the purposes thereof.

Legislative History

Acts 2007, No. 266, §1; Acts 2012, No. 490, §1, eff. June 5, 2012.