§4710.17.1. Additional authority to issue bonds
A. Without reference to any other provision of the Constitution of Louisiana or of
the laws of Louisiana and as a grant of power in addition to the authority to issue bonds
contained in R.S. 33:4710.17 and to carry out the purposes of this Chapter, the authority may,
from time to time, with the approval of the State Bond Commission, issue negotiable bonds
in one or more series for the purpose of providing funds to finance an expansion project or
projects, including engineering, architectural, inspection, legal, and financial fees and costs,
interest on such bonds during construction and for a reasonable period thereafter,
establishment of reserves to secure such bonds, all costs associated with the issuance of such
bonds, including credit enhancement, derivative products, underwriter's discount, and
funding of accounts, if any, required by the terms of the resolution or trust indenture
authorizing their issuance, and all other expenditures of the authority incidental or necessary
or convenient thereto. Such bonds shall be authorized and issued by a resolution or
resolutions of the board and shall be of such series, bear such date or dates, be of such type,
mature at such time or times, bear interest at such rate or rates payable on such date or dates,
be in such denominations, be in such form, carry such registration and exchangeability
privilege, be payable in such medium of payment and at such place or places, be subject to
such terms of redemption, and be secured in such manner consistent with the authority
contained in this Section as the resolution authorizing such bonds may provide. Payment of
the bonds authorized by this Section may be secured by a pledge of the avails or proceeds of
the hotel occupancy taxes and food and beverage tax authorized by this Chapter, such other
taxes, fees, and charges authorized by this Chapter, and any other income and revenue of the
authority as may be determined by the board and as authorized or permitted by law. The word
"bonds" as used in this Section means and includes bonds, notes, certificates of indebtedness,
or other evidence of indebtedness for the repayment of borrowed money.
B. Bonds issued pursuant to this Section also may be secured by a trust agreement
by and between the authority and one or more corporate trustees or fiscal agents, which may
be any trust company or bank having the powers of a trust company within or without this
state.
C. All bonds issued by the authority shall be sold in such manner and for such prices
as the board may determine.
D. The board may, in any resolution authorizing the issuance of such bonds, enter
into such covenants with the future owner or owners of the bonds as to the management and
operation of expansion projects, the lease or rental thereof, the imposition and collection of
fees and charges for services and facilities furnished by the authority, the disposition of such
fees and revenues, the issuance of future bonds and the creation of future liens and
encumbrances against the expansion projects and the revenues therefrom, the carrying of
insurance on the expansion projects, the keeping of books and records, and other pertinent
matters, including the appointment of a receiver in the event of default, as may be deemed
proper by the board to assure the marketability of the bonds.
E. Any bonds may, in the discretion of the board, be additionally secured by a
conventional mortgage on all or any part of the properties or facilities acquired, constructed,
extended, or improved with the proceeds thereof, and the board shall have full discretion to
make such provisions as it may see fit for the making and enforcement of such mortgage and
the provisions to be therein contained.
F. The board may issue refunding bonds of the authority for the purpose of refunding
outstanding bonds issued pursuant to the provisions of this Section in accordance with
Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950 or the Consolidated
Local Government Public Finance Act.
G. Any pledge of taxes, fees and charges, revenues, securities, and other monies
made by the authority pursuant to this Section shall be valid and binding from time to time
when the pledge is made. Such taxes, fees and charges, revenues, securities, and other
monies so pledged and then held or thereafter received by the authority or any fiduciary shall
immediately be subject to the lien of such pledge without any physical delivery thereof or
further act, and the lien of any such pledge shall be valid and binding as against all parties
having claims of any kind in tort, contract, or otherwise against the authority, whether or not
such parties have notice thereof. The instrument by which such a pledge is created need not
be filed or recorded except in the official minutes of the authority.
H. The bonds shall be executed in the name of the authority in the manner provided
in the resolution authorizing the issuance of such bonds.
I. Pending the preparation of definitive bonds, the authority may issue interim
receipts or temporary bonds, exchangeable for definitive bonds when such bonds have been
executed and are available for delivery.
J. No member of the board or of the authority or any person executing such bonds
shall be liable personally on such bonds.
K. All bonds issued pursuant to this Section are negotiable instruments within the
meaning of and for all purposes of the negotiable instruments law of Louisiana, subject only
to the provisions of bonds for registration.
L. All bonds and the income therefrom are exempt from all taxation by this state or
any political subdivision thereof. The bonds shall be legal and authorized investments for
banks, savings banks, insurance companies, homestead and building and loan associations,
trustees, and other fiduciaries and may be used for deposit with any officer, board,
municipality, or other political subdivision of the state of Louisiana, in any case where
deposit or security is required.
M. When any bonds secured in whole or in part by any taxes, fees, or charges
authorized by this Chapter have been issued, neither the legislature nor the authority shall
discontinue or decrease the applicable taxes, fees, or charges, or permit to be discontinued
or decreased the applicable taxes, fees, or charges 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 such taxes, fees, or charges which would diminish the amount of the
revenues to be received therefrom by the authority until all of such bonds have been retired
as to principal and interest or irrevocable provision is made for the payment of principal and
interest on such bonds.
N. The bonds and the interest thereon shall not be considered a debt of the state or
any political subdivision thereof within the meaning of the constitution or the statutes of the
state and shall not constitute a charge against the credit or taxing power of the state or any
other political subdivision thereof. Neither the state nor any other political subdivision
thereof shall in any manner be liable for the payment of the principal, interest or premium,
sinking or reserve fund requirements, or other requirements of the bonds or for the
performance of any agreement or pledge of any kind which may be undertaken by the
authority.
O. The powers and rights conferred by this Section shall be in addition and
supplemental to the powers and rights conferred by any other general or special law. This
Section does and shall be construed to provide a complete and additional method for the
doing of the things authorized thereby. The issuance of bonds or refunding bonds or other
obligations pursuant to the provisions of this Section need not comply with the requirements
of any other state law applicable to the issuance of the bonds or other obligations for the
financing of any project, except as provided. No proceedings, notice, or approval shall be
required for the issuance of any bonds or any instrument as security therefor, except as
provided in this Section. The provisions of this Section shall be liberally construed for the
accomplishment of its purposes.
P. Any resolution authorizing the issuance of bonds shall be published one time in
the official journal of the authority; however, it shall not be necessary to publish any exhibits
to such resolution if exhibits are available for public inspection and such fact is stated in the
publication. For thirty days after the date of publication, any person in interest may contest
the legality of the resolution, any provision of the bonds to be issued pursuant to it, the
provisions therein made for the security and payment of the bonds, or the validity of any of
the provisions and proceedings relating to the authorization and issuance of such bonds.
After that time, no person may contest the regularity, formality, legality, or effectiveness of
the resolution, any provision of the bonds to be issued pursuant to it, the provisions for the
security and payment of the bonds, and the validity of all other provisions and proceedings
relating to their authorization and issuance, for any cause. Thereafter, it shall be conclusively
presumed that the bonds are legal and that every legal requirement for the issuance of the
bonds has been complied with. No court shall have authority to inquire into any of these
matters after the thirty days.
Acts 2019, No. 172, §1.