RS 4702 - Board of commissioners; appointment and term; organization
A. Repealed by Acts 1995, No. 900, §2.
B.(1) In order to provide for the orderly planning, development, acquisition, construction, and effectuation of the services, projects, improvements, and facilities to be provided or 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 functions, operation, purposes, and developments of the district, the New Orleans Regional Business Park shall be managed by a board of commissioners comprised of qualified voters and residents of the city of New Orleans.
(2) The board shall be composed of thirteen members who shall be appointed as follows:
(a) The United States Representative who represents Louisiana's second congressional district shall appoint one member.
(b) The state senator whose senatorial district is defined in R.S. 24:35(A)(4) shall appoint one member.
(c) The state senator whose senatorial district is defined in R.S. 24:35(A)(3) shall appoint one member.
(d) The state senator whose senatorial district is defined in R.S. 24:35(A)(1) shall appoint one member.
(e) The councilperson representing council district E, in which the New Orleans Regional Business Park is located, shall appoint one member.
(f) The mayor of the city of New Orleans shall appoint five members as follows: one member shall be appointed from a list of three names submitted by the Vietnamese Initiatives in Economic Training, one member shall be appointed from a list of three names submitted by the East New Orleans Neighborhood Advisory Commission, one member shall be appointed from a list of three names submitted by the New Orleans Regional Black Chamber of Commerce, one member shall be appointed from a list of three names submitted by the board of commissioners for the Port of New Orleans, and one member shall be appointed from a list of three names submitted by The Greater New Orleans American Federation of Labor and Congress of Industrial Organizations.
(g) The state representative whose representative district is defined in R.S. 24:35.2(99) shall appoint one member.
(h) The state representative whose representative district is defined in R.S. 24:35.2(100) shall appoint one member.
(i) The state representative whose representative district is defined in R.S. 24:35.2(103) shall appoint one member.
(j), (k) Repealed by Acts 2014, No. 860, §2, eff. Aug. 15, 2014.
(3)(a) Each board member shall serve a term of two years.
(b) Any vacancy in the membership of the board occurring by reason of the expiration of the term of office, or by reason of death, resignation, disqualification, or otherwise, shall be filled by the respective nominating entity within sixty days after receipt by such nominating entity of written notification of the vacancy. In the event that the respective nominating entity fails to fill the vacancy within sixty days after receipt of written notification of the vacancy, the board shall appoint an interim successor to serve on the board until the position is filled by the respective nominating entity responsible for the appointment of such member. If the board fails to fill a vacancy in its membership within the next sixty day period, the mayor shall appoint such member. Any board member appointed by the board or mayor pursuant to this Subparagraph may be replaced at any time by the nominee of the appointing authority.
(c) Any member who has unexcused absences of four consecutive meetings, regular and special, of the board in any calendar year shall be disqualified and removed automatically from office and that person's position shall be vacant, as of the first day of the succeeding calendar year. Such vacated position shall be filled by the respective nominating entity for the balance of the vacated term within fifteen days. The former member shall not be eligible to be nominated to the board or to serve on the board again.
(4)(a) Five 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.
(b) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs, so long as such rules and regulations do not violate the Code of Governmental Ethics provided for in Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950, and shall engage such assistants and employees as are 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 place within or without the district as may be prescribed in its rules or regulations.
(5) The appointees to the board shall be individuals with at least five years experience in one or more of the following areas:
(a) Economic development.
(b) Public finance.
(c) Senior level management.
(d) Urban planning.
(e) Labor relations.
(f) Banking or finance.
(g) Public relations.
(h) Education.
(i) Real estate law.
(j) Construction.
(k) Risk management.
(6)(a) The members of the board shall serve without compensation.
(b) Any member of the board appointed pursuant to Subparagraphs (2)(a) through (k) of this Subsection may be removed by his respective appointing authority at any time, with cause.
(c) No board member appointed pursuant to Subparagraph (2)(a), (b), (c), (f), or (g), of this Subsection shall sit on the board beyond the end of the term of office of the appointing authority that appointed that board member without being reappointed to the board in the manner for which appointments to the board are provided for in Paragraph (2) or (3) of this Subsection.
(7)(a) Nothing in this Part or any other provision of law shall be construed to prohibit a member of the board from owning, operating, participating with, or otherwise engaging in any transaction with a business entity located within the district.
(b) Nothing herein shall be construed to supercede the Code of Governmental Ethics provided for in Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950.
C.(1) The board of commissioners shall elect from its members a chairman, a vice chairman, a secretary-treasurer and such other officers as it may deem necessary at its first meeting; the chairman shall serve at the pleasure of the board. The board of commissioners may also select one person as executive director; three people as directors to be in charge of marketing, operations, and finance respectively, who shall not be members of the board, but who shall be qualified voters and residents of the city of New Orleans.
(2) The secretary-treasurer shall furnish such bonds as may be required by the board of commissioners. The premium on the bond shall be paid out of the operating funds of the district. The executive director shall be the chief executive officer of the district, shall manage its affairs and operation, subject to the rules and regulations and bylaws adopted by the council and the board. The executive director and three directors shall receive such salary and office expense allowance, if any, as shall be fixed and determined by the board of commissioners.
D. The executive director, with the concurrence of the board of the district, may hire such staff and other necessary personnel as may be necessary to carry out the directions and instructions of the board and may perform such other acts as may be directed by the board.
E. The board, 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, 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 district except property occupied in whole or in part as a residence by an owner thereof. The number of mills hereby authorized shall not exceed twenty mills on the dollar of assessed valuation on all taxable property within the district. The tax, when levied, shall be from year to year, or for such period of years not to exceed fifty years as may be designated in the resolution by which the election is called on the question of the imposition of said tax. No such tax shall be levied until a plan requiring or requesting the levy of a tax is finally and conclusively adopted in accordance with the procedures prescribed in this Section. The proceeds of the tax shall be used solely and exclusively for the purposes and benefit of the district.
F.(1) The board, by resolution adopted by a vote of a majority of the members of the board of the district, 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 and other evidence of indebtedness, herein referred to collectively as bonds, of the district, the principal of, premium if any, and interest on which shall be payable solely from the proceeds of the special tax authorized, levied, and collected pursuant to the provisions of this Section for the purpose of paying the cost of acquiring and constructing capital improvements, projects, and facilities within the district. Such bonds shall not constitute general obligations of 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. All such bonds shall be sold by the board, and shall bear such rate or rates of interest, and shall, except as herein otherwise specifically provided, be in such form, terms, and denominations, be redeemable at such time or times at such price or prices, and payable at such times and places, within a period of not exceeding fifty years from the date thereof, as the board, shall determine.
(2) The bonds shall be signed by the chairperson of the board of commissioners, and countersigned by the secretary of the board, and the coupons attached to the bonds shall bear the facsimile signatures of the chairperson and the 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 authorized herein shall be paid out of the proceeds realized from the sale of such bonds.
(3) The resolution of the board, authorizing the issuance and sale of such bonds and fixing the form and details thereof, may contain such other provisions, not inconsistent or 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 bond holders setting forth (a) 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 (b) 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.
G. Notwithstanding any other provision of this Section to the contrary, no tax authorized herein shall be levied and no bonds shall be issued unless and until the amount of the tax authorized to be levied and the amount of the bonds authorized to be issued has been approved by a majority of the electors voting thereon in the city of New Orleans in an election called for that purpose. No bonds issued pursuant to this Section shall be general obligations of the state of Louisiana, the parish of Orleans or the city of New Orleans.
H-J. Repealed by Acts 2010, No. 673, §2, effective June 29, 2010.
Added by Acts 1979, No. 741, §1, eff. July 20, 1979. Amended by Acts 1982, No. 666, §1; Acts 1985, No. 251, §1; Acts 1988, No. 742, §1; Acts 1989, No. 37, §1; Acts 1992, No. 743, §1; Acts 1995, No. 900, §§1, 2; Acts 2004, No. 917, §§1, 2, eff. July 12, 2004; Acts 2010, No. 673, §§1, 2, eff. June 29, 2010; Acts 2010, No. 681, §1; Acts 2013, No. 269, §1, eff. June 13, 2013; Acts 2014, No. 860, §§1, 2, eff. Aug. 15, 2014.
NOTE: See Acts 2014, No. 860, §3, relative to terms of board members.