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Terms Used In Louisiana Revised Statutes 25:850.11

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

            A. There is hereby created within the parish of Orleans, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Louis Armstrong Park Authority and Historic Jazz District, referred to in this Section as the “district”. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.

            B. The boundaries of the district shall be that area of the city of New Orleans bounded on the east by Esplanade Avenue, on the south by Rampart Street, on the west by Canal Street, and on the north by North Claiborne Avenue, including the contiguous property on both sides of these streets.

            C. The district is established for the primary object and purpose of acquiring ownership, leasing, or entering into a management agreement for the Louis Armstrong Park facility from or with the city of New Orleans. Additionally, the district is authorized to promote, encourage, and enhance the park and all areas within the boundaries of the district through renewed commerce, industry, and utilization and development of the human resources of the area. The objectives of the district may include such matters as music, housing, economic development, skills and technical training, the cultural and historic value of the area, tourism, entertainment, health, and day care facilities.

            D.(1) The district shall be governed by a seventeen-member board of commissioners, referred to in this Section as the “board”. The board shall be composed as follows:

            (a) The governing board of the Greater Treme Consortium, Inc., shall appoint one member.

            (b) The governing board of Save Our Soul Coalition, Inc., shall appoint one member.

            (c) The governing board of the Louis Armstrong Educational Foundation, Inc., shall appoint one member.

            (d) The governing boards of the Claiborne Cultural Innovation District and the Claiborne Merchants & Business Association shall jointly appoint one member.

            (e) The governing board of the Historic Faubourg Treme Association shall appoint one member.

            (f) The governing board of French Quarter Citizens, Inc., shall appoint one member.

            (g) The governing board of the Congo Square Preservation Society shall appoint one member.

            (h) The governing board of the New Orleans Black Masking Indian Cooperative shall appoint one member.

            (i) The governing board of the Kumbuka African Drum and Dance Collective shall appoint one member.

            (j) The governing board of the New Orleans Culture Preservation Committee shall appoint one member.

            (k) The governing board of Tamborine and Fan, Inc., shall appoint one member.

            (l) The governing board of the New Orleans Musicians’ Clinic and Assistance Foundation shall appoint one member.

            (m) The member of the Louisiana Senate whose district encompasses all or the greater portion of the area of the district or his designee.

            (n) The member of the Louisiana House of Representatives whose district encompasses all or the greater portion of the area of the district or his designee.

            (o) The member of the United States House of Representatives whose district encompasses all or the greater portion of the area of the district or his designee.

            (p) The mayor of the city of New Orleans or his designee.

            (q) The member of the governing authority of the city of New Orleans whose district encompasses all or the greater portion of the area of the district or his designee.

            (2) All members of the board shall be residents of Orleans Parish.

            (3)(a) Board members serving pursuant to Subparagraphs (1)(a) through (l) of this Subsection shall serve three-year terms after serving initial terms as provided in this Subparagraph. Four members shall serve initial terms of three years; four shall serve initial terms of two years; and four shall serve initial terms of one year, as determined by lot at the first meeting of the board.

            (b) The members serving pursuant to Subparagraphs (1)(m) through (q) of this Subsection shall serve during their terms of office. Any designee serving on the board shall serve at the pleasure of the designating authority.

            (4) Any vacancy in the membership of the board, occurring either by reason of the expiration of the term for which appointed or by reason of death, resignation, or otherwise, shall be filled in the manner of the original appointment. If the entity responsible for the appointment of a member fails to fill a vacancy within thirty days, the board may appoint an interim successor to serve for the remainder of the unexpired term.

            (5) Board members are eligible for reappointment.

            (6) The board shall elect from its members a chairman, a vice chairman, a secretary-treasurer, and such other officers as it deems necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.

            (7) The minute books and archives of the district shall be maintained by the secretary-treasurer of the board. The monies, funds, and accounts of the district shall be in the official custody of the board.

            (8) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. Rules and regulations of the board relative to the notice and conduct of meetings shall conform to applicable law, including, if applicable, La. Rev. Stat. 42:11 et seq., relative to open meetings. The board shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws.

            (9) 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 through the secretary-treasurer of the board.

            (10) Each member of the board shall have one vote, and the vote of a majority of the members of the board present and voting, a quorum being present, shall be required to decide any question upon which the board takes action.

            (11) The members of the board shall serve without compensation but shall receive reimbursement for reasonable expenses directly related to the governance of the district.

            E. The district shall have and exercise all powers of a political subdivision necessary or convenient for the purpose of funding the district and carrying out its objects and purposes, including but not limited to the following:

            (1) To incur debt.

            (2) To sue and be sued.

            (3) To adopt, use, and alter at will a corporate seal.

            (4) To adopt bylaws and rules and regulations.

            (5) To receive by gift, grant, donation, or otherwise any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.

            (6) 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.

            (7) To elect officers and appoint agents and employees and prescribe their duties.

            (8) To acquire property by purchase, gift, grant, donation, or lease.

            (9) To establish monetary, bank, and investment accounts.

            (10) To establish committees or subcommittees.

            F. In order to provide for the growth and development of the district, to encourage the fullest use of underutilized resources, to provide for the enhancement of the tax base, and to improve communication and coordination among the economic and human development efforts of state, federal, and local governments, the board may:

            (1) Seek the designation of the park as a national park in any way it deems appropriate, including communication and cooperation with any state or federal authority or commission. Additionally, the board may seek designation as the federal or state management authority for such park.

            (2) Make recommendations concerning natural and environmental factors, trends in industrial, population, or other developments; the habits and lifestyles of the people of the district; the relation of land use within the district as it relates to the city as a whole; areas for the concentration of wholesale, retail, business, and other commercial uses; and areas for recreational uses, and for spaces and areas of mixed uses.

            (3) Make recommendations concerning the need for and the proposed general location of public and private works and facilities, including but not limited to pollution control facilities.

            (4) Make or assist in studies and investigations of the resources of the district and the existing and emerging problems of industry, commerce, transportation, population, housing, public service affecting the redevelopment of the district, and in making such studies to seek the cooperation and collaboration of the appropriate state departments, agencies, and instrumentalities of federal, state, and local government, educational institutions, research organizations, whether public or private, and of civic groups and private persons and organizations.

            (5) Prepare and from time to time revise inventory listings of the district’s resources and of the major public and private works and facilities of all kinds which are deemed necessary to the redevelopment of the district.

            (6) Cooperate and confer with and upon request supply information to federal agencies and to local and regional agencies created pursuant to a federal program or which receive federal support and to cooperate and confer with economic development authorities in and outside of the state.

            (7) Advise and supply information to civic groups and private persons and organizations who may request such information or advice or who study or otherwise concern themselves with the district’s problems and development of the fields of business and industry, labor, natural resources, urban growth, housing, and public service activities such as public health and education, insofar as such problems and development may be relevant to the district’s redevelopment.

            (8) Provide information to officials of departments, agencies, and instrumentalities of state and local government and to the public at large in order to foster public awareness and understanding of the objectives of the district in order to stimulate public interest and participation in the orderly, integrated development of the district.

            (9) Accept and receive, in furtherance of its functions, funds, grants, and services from the federal government or its agencies, from departments, agencies, and instrumentalities of state, parish, municipal, or local government, or from private or civic sources.

            (10) Solicit the assistance and active cooperation of industry and private civic organizations which are active in anti-litter and recycling efforts to assist in the control and reduction of litter within the boundaries of the district. The board may also encourage industry and private civic organizations to participate in the “adopt-a-road” program as provided in La. Rev. Stat. 48:235 for the purpose of controlling litter along the public roads in the district.

            (11) Hold public hearings and sponsor public forums whenever it deems necessary or useful in the execution of its functions.

            (12) Contract with the city of New Orleans for the purchase or lease-management of any parks within the boundaries of the district and to assess an admission fee regarding any such park.

            Acts 2022, No. 349, §1.

            NOTE: See Acts 2022, No. 349, §3, regarding terms of board members.