§130.766. Industrial development
A.(1) The authority shall have the power to construct and acquire industrial parks
and industrial plant buildings, and subordinate and related facilities, including the acquisition
of sites and other necessary property or appurtenances thereto within the authority, or outside
the authority if the project is undertaken conjointly with another parish or with other local
units of government, under the authority of the local services law, R.S. 33:1321 et seq., or
other authorizing authority, and to acquire, construct, improve, operate, maintain, and
provide improvements and services necessary therefor, including but not limited to roads,
street lighting, bridges, rail facilities, drainage, sewers, sewerage disposal facilities, solid
waste disposal facilities, waterworks, and other utilities and related properties, consistent
with applicable parish regulations and policies.
(2)(a) The authority may also sell, lease, or otherwise dispose of, by suitable and
appropriate contract, to any enterprise locating or existing within the authority all or any part
of a site, building, or other property owned by the authority.
(b) In determining the consideration for any contract to lease, sell, or otherwise
dispose of lands, buildings, or other property of the authority, the board of commissioners
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 enterprise being induced to locate
or expand within the authority. 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 revenue to be generated by the enterprise acquiring
or leasing lands, buildings, or other property from the authority. The board shall not dispose
of any property of the authority for less than the fair market value of the property as defined
in R.S. 47:2321.
(c) The authority may enter into leases having a term, including all renewal terms,
not to exceed fifty years in the aggregate, provided that there shall be a provision for periodic
adjustments of the rental rate, commensurate with economic conditions, during the fifty-year
term.
(d) Notwithstanding any other provision of law to the contrary, the authority may
enter into leases having a term, including all renewal terms, not to exceed ninety-nine years
in the aggregate. The provisions of this Subparagraph shall only apply to higher education
entities and private sector partners recruited by higher education entities evidenced by an
agreement in writing for the purposes of economic and industrial development in the region,
at a lease rate of one dollar per year.
(3)(a) The resolution or ordinance adopted by the board authorizing any lease, sale,
or other disposition of lands, buildings, or other property of the authority or any attachment
thereto shall set forth, in a general way, the terms of the authorized lease, sale, or other
disposition.
(b) A proposed resolution or ordinance may be placed on the agenda of any board
meeting and introduced by any board member.
(c) After a proposed resolution or ordinance has been introduced, copies of it shall
be provided to all board members. The title of a proposed resolution or ordinance shall be
published once in the official journal of the authority. The notice shall indicate the time and
place where the board will consider its adoption.
(d) No resolution or ordinance shall be adopted until a public hearing on it has been
held. No resolution or ordinance shall be adopted at the meeting at which it is introduced.
(e) The board shall publish each resolution or ordinance adopted by the board
pursuant to this Paragraph once in the official journal of the authority, within twenty days of
its adoption and prior to its effective date.
(f) Unless a resolution or ordinance specifies an earlier or later effective date, the
resolution or ordinance shall take effect on the thirtieth day after the meeting in which the
resolution or ordinance was adopted.
B. The authority shall have the following additional powers:
(1) To acquire, whether by purchase, exchange, donation, lease, or otherwise, and
to construct and improve, maintain, equip, and furnish one or more economic development
projects, including all immovable and movable properties which the board of commissioners
may deem necessary in connection therewith.
(2) To lease or to contract for the use of 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 obligations thereof, all as may be provided
for in the lease agreement to which the authority may become a party.
(3) To sell, exchange, donate, and convey any or all of its projects upon such terms
and conditions as the board may deem advisable, including the power to receive for any such
sale the first mortgage note or notes of the purchaser of a project representing unpaid
installments of the purchase price due by the purchaser to the authority whenever the board
finds any such actions to be in furtherance of the purpose for which the authority was
organized.
(4) As security for the payment of the principal of and interest on any bonds, notes,
or other obligations of the authority, 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
other source.
(5) To enter into any cooperative endeavor or any other form of cooperative
development activity for the purposes of the authority. For purposes of this Subpart,
cooperative endeavor means any form of economic development assistance or collaboration
between or among the authority 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. A cooperative endeavor shall
include but not be limited to the following:
(a) Cooperative financing of an economic development project, which shall include
loan guarantees, land write-downs, grants, lease guarantees, or any form of financial subsidy
or incentive that complies with the provisions of Article VII, Section 14 of the Constitution
of Louisiana.
(b) Cooperative development which shall include but not be limited to any number
of joint development agreements such as condominiums and cooperative ownership, limited
partnerships, and investment syndicates not prohibited by the Constitution of Louisiana.
Regardless of the method of financing, the authority shall attempt to obtain the most
favorable security available in order to protect and ensure recovery of sums loaned or paid
pursuant to such financing.
Acts 2008, No. 918, §1; Acts 2015, No. 363, §§1, 2; Acts 2024, No. 599, §1.