§ 34:293.1 — Additional powers; industrial development

Louisiana § 34:293.1

• Jurisdiction: Louisiana
• Title 34: Navigation and Shipping

Text

§293.1. Additional powers; industrial development
A.(1) The district shall have authority to construct and/or acquire land and
improvements to construct, operate, and maintain facilities, improvements,
infrastructure, industrial parks, and/or industrial plant buildings within the district,
including sites and other necessary property or appurtenances therefor, and to
acquire, construct, improve, operate, maintain, and provide improvements and
services necessary therefor, including but not limited to buildings, roads, street
lighting, bridges, rail facilities, drainage, sewers, sewerage disposal facilities, solid
waste disposal facilities, waterworks, and other utilities and related properties. The
district shall also have the authority to sell, lease, or otherwise dispose of, by suitable
and appropriate contract, to any enterprise locating or existing within the district, all
or any part of an industrial plant site, industrial plant building, or other property
owned by the district. In determining the consideration for any contract to lease, sell,
or otherwise dispose of lands, buildings, or other property of the district, the board
may take into consideration the value of the lands, buildings, or other properties
involved as well as the potential value of the economic impact of the industrial or
business enterprise being induced to locate or expand within the district. Such
economic impact shall include increased employment; increased use of local labor;
wages and salaries to be paid; consumption of local materials, products, and
resources; and special tax revenues to be generated by the industrial or business
enterprise acquiring or leasing lands, buildings, or other property from the district.
In no event, however, and under no circumstances shall the board dispose of any
property of the district for less than fifty percent of the appraised value of the
property without the prior approval of the governing authority of the parish, which
approval shall be by resolution adopted by a simple majority.
(2) The resolution or ordinance adopted by the board authorizing any lease,
sale or other disposition of lands, buildings or other property of the district shall set
forth, in a general way, the terms of the authorized lease, sale or other disposition and
such resolution or ordinance shall be published as soon as possible in one issue of the
official journal of the district or board. For a period of thirty days from the date of
publication of any such resolution or ordinance, any interested person may contest
the legality of such resolution or ordinance or the validity of the authorized lease, sale
or other disposition of district property, after which time, no one shall have any cause
of action to contest the legality of said resolution or ordinance or to draw in question
the legality of the authorized lease, sale or other disposition of district property for
any cause whatsoever, and it shall be conclusively presumed thereafter that every
legal requirement has been complied with, and no court shall have authority to
inquire into such matters after the lapse of said thirty days.
B. Said district shall provide access by public road to any and all entrances
to the premises of each and every plant in the area employed for industrial purposes,
for use by employees of such industry or for use by employees of independent
contractors working on such premises, or for delivery of materials or supplies, other
than by rail or water transportation, to such premises.
C. Notwithstanding any other laws to the contrary, and in addition to any
other authority or powers granted said district, but subject to R.S. 34:291.1(D), the
district shall have full power and authority to levy on all taxable property within the
district an ad valorem tax not to exceed fifteen mills, provided said district has
received prior approval for the levy of said millage by a vote of the qualified electors
within the district at an election called by the governing authority of said district for
said purposes. Said election shall be conducted under the general election laws of
the State of Louisiana applicable for such an election.
D.(1) In addition to any other authority or powers granted said authority, the
authority shall have full power and authority to issue obligations and to provide funds
for the furtherance and accomplishment of any authorized public function. For
purposes of this Part, "authorized public function" shall mean and include, but not
be limited to: hospital, medical health, nursery care, nursing care, clinical,
ambulance, laboratory, and related services and facilities; housing mortgage finance
and related services, activities, facilities, and properties; penitentiary, rehabilitation,
incarceration, and other correctional services and facilities; educational services and
facilities and related housing and dormitory services and facilities; providing,
developing, securing, and improving water storage, treatment, supply, and
distribution services and facilities; sanitary and storm sewer and other liquid and
solid waste collection, disposal, treatment, and drainage services and facilities;
educational or commercial communication equipment, and facilities; mass transit,
commuting and transportation, and parking services, equipment, and facilities;
cultural and civic facilities, services, and activities; community development and
redevelopment facilities and activities; gas, electric, petroleum, coal, and other
energy collection, recovery, generation, storage, transportation, and distribution
facilities and activities; industrial, manufacturing, and other economic development
facilities and activities; antipollution and air, water, ground, and subsurface pollution
abatement and control facilities and activities; airport and waterport and related
facilities, services, and activities; and facilities, property, and equipment of any
nature for the use or occupancy of the state or the United States, or any agencies or
instrumentalities thereof or of any governmental units in the state.
(2) The authority is authorized to issue obligations to accomplish any of the
foregoing authorized public functions or purposes and shall have the following
powers, together with all powers incidental thereto or necessary for the performance
of those hereinafter stated:
(a) To acquire, whether by purchase, exchange, gift, lease, or otherwise, and
to construct and improve, maintain, equip, and furnish one or more projects that
qualify as authorized public functions, including all real and personal properties
which the Board of Commissioners of the authority may deem necessary in
connection therewith and whether or not any such project shall then be in existence;
(b) To lease or to contract for the use to or by others any or all of its
authorized projects and to charge and collect rent, fees, or charges therefor, and to
terminate any such lease or contractual arrangement upon the failure of the lessee to
comply with any of the obligations thereof;
(c) To sell, exchange, donate, and convey any or all of its projects upon such
terms and conditions as its Board of Commissioners may deem advisable, including
the power to receive for any such sale the note or notes of the purchaser of a project
whenever its Board of Commissioners finds any such action to be in furtherance of
the purposes for which the authority was organized;
(d) As security for the payment of the principal of and interest on any bonds
so issued, and any agreements made in connection therewith, to mortgage and pledge
any or all of its projects or any part or parts thereof, whether then owned or thereafter
acquired, and to pledge the revenues and receipts therefrom or from any source
thereof.
E.(1) The district shall have authority to enter into any cooperative endeavor.
"Cooperative endeavor" means any form of economic development assistance
between or among the district and the state, any of its local governmental
subdivisions, political corporations, or public benefit corporations, the United States
or its agencies, or any public or private association, corporation, or individual. The
district shall have the authority to convey to the United States, the state, or to any
political subdivision of the state any land, property, right-of-way, easement,
servitude, or other thing of value, which the authority may own or acquire, for use by
such governmental entity to accomplish the objectives and purposes of the authority,
pursuant to the terms of any appropriate cooperative endeavor agreement. The term
"cooperative endeavor" shall include but not be limited to cooperative financing,
cooperative development, or any other form of cooperative economic development
activity.
(2) "Cooperative financing" means any method of financing and economic
development project between or among the district and the state, any of its local
governmental subdivisions, political corporations, or public benefit corporations, the
United States or its agencies, or any public or private association, corporation, or
individual. Said methods of financing shall include loans, loan guarantees, land
write-downs, grants, lease guarantees, or any form of financial subsidy or incentive.
(3) "Cooperative development" means any method of cooperative
development between or among the district and the state, any of its local
governmental subdivisions, political corporations, or public benefit corporations, the
United States or its agencies, or any public or private association, corporation, or
individual. Said methods of cooperative development shall include, but not be
limited to, any number of joint development agreements such as condominiums and
cooperative ownership limited partnerships and investment syndicates.
F. The authority is likewise hereby authorized and shall have the authority and
power necessary in order to carry out and effectuate the purposes and provisions of
this Part, including, without limiting the generality of the foregoing, the following
specific authority and powers, which shall be in addition to others herein granted:
(1) To apply for and to receive and accept for or from any federal agency, the
state, or political subdivision of the state or for or from any public or private source
any grants, loans, leases, contributions, advances, or any form of financial assistance
for or in the aid of an economic development cooperative endeavor, project, or
projects, to give and accept such equity or security as may be required, and to enter
into and carry out a contract or contracts of agreements in connection therewith.
(2) To procure insurance against any losses in connection with its property
in such amounts and from such insurers as may be necessary and desirable.
(3) To sponsor and conduct conferences and studies, to collect and
disseminate information, and to issue periodic reports.
(4) To assist local and regional businesses in applying for federal research
grants and state or federal procurement contracts including dissemination of
information on the availability of such grants and contracts.
(5) To collect and disseminate information on financial, technical, marketing,
management, and other services available to local and regional businesses on a free
or for hire basis from universities, private for profit businesses, and non-profit
organizations, or to provide for such services itself or in cooperation with public or
private persons.
(6) To receive, loan, or expend seed capital or venture capital.

Legislative History

Added by Acts 1971, No. 155, §2; Amended by Acts 1972, No. 125, §1; Acts 1986, No. 930, §1; Acts 1988, No. 867, §1, eff. July 18, 1988; Acts 2024, No. 531, §1, eff. June 10, 2024.