Louisiana Revised Statutes 33:9039.69 – Special powers
Terms Used In Louisiana Revised Statutes 33:9039.69
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- Biosciences: means any of the branches of natural science dealing with the structure and behavior of living organisms, including but not limited to research, development, manufacture, testing, marketing and/or distribution of pharmaceuticals, biotechnology products, and medical devices that will eventually be used by healthcare providers to treat, cure, prevent, or mitigate disease or conditions. See Louisiana Revised Statutes 33:9039.65
- Bond: means the bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, certificates of participation, debentures, warrants, commercial paper, capital leases, revenue bonds, or other obligations or evidences of indebtedness authorized to be issued by the district. See Louisiana Revised Statutes 33:9039.65
- Contract: A legal written agreement that becomes binding when signed.
- Devise: To gift property by will.
- District: means the BioDistrict New Orleans as further defined in Louisiana Revised Statutes 33:9039.65
- 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
- Personal property: All property that is not real property.
- Project: means a project as defined in Louisiana Revised Statutes 33:9039.65
A. In addition to the general powers granted in this Chapter, the district shall have the following special powers:
(1) To establish public- private partnerships and joint ventures for the benefit of the district and to contract with private concerns who may be granted leases, rights-of-use, or other concessions for contributing private at-risk capital for a particular district project or program.
(2) To contract with other public bodies within or without the boundaries of the district, for multiyear funding commitments for any purpose of the district upon a showing of benefit to such public body who may incur debt thereby with the prior approval of the State Bond Commission.
(3) To undertake any project beneficial to the district within the boundaries of the district.
(4) To solicit, accept, and collect funds, federal, state or local grants, donations, and contributions in cash or in property and to take by will or bequest, donation, devise, or other legal means, in trust or absolutely, real or personal property, whether tangible or intangible, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. The district is hereby specifically empowered to serve as the beneficiary of a public trust heretofore and hereafter created pursuant to La. Rev. Stat. 9:2341 et seq. now or hereafter amended. The district may also accept and expend any sum appropriated by the United States, the state of Louisiana, or any political subdivision or agency thereof for the purpose of administering or carrying out of any purposes or functions of the district authorized thereby.
(5) To acquire real and personal property, including health education and enhancement facilities, by lease, purchase, or donation, including but not limited to the following: land; improvements; oil, gas, and mineral rights; stocks; bonds; notes; and any other things of value. Title thereto shall be taken in the name of the district.
(6) To negotiate lease or sale transactions with any public or private educational institution in the manner set forth in La. Rev. Stat. 33:4717.2, including institutions with which the commissioners serving on the board are associated, provided the only requirement shall be that representatives of such educational institutions may continue to serve but shall recuse themselves from any participation on any issues related to the educational institution they represent, notwithstanding any law to the contrary.
(7) To develop and implement a master plan for the district related to biosciences, but in coordination with the Louisiana Board of Regents with respect to public higher educational institutions.
(8) To construct, acquire, reconstruct, rehabilitate, improve, repair, operate, lease, as lessor or lessee, or to enter into contracts for the management and operation of wet labs, research facilities, manufacturing facilities, clinics, laboratories, or any other facility, building, or structure in the district which may be of use or benefit to the development of biosciences. The district may construct, acquire, reconstruct, rehabilitate, improve, repair, operate, lease, as lessor or lessee, or enter into contracts for the management and operation of support facilities that are useful, necessary, or convenient, including but not limited to parking facilities, office buildings for researchers, dormitories, homes, or residences for professionals. The district may finance, acquire property for, and plan and acquire, construct, reconstruct, rehabilitate, or improve facilities for, and provide and operate, central services and shared facilities for the common use of institutions or companies in the complex. The district may, at its option, rent, lease, or sell the use of these facilities or services, or provide them at no cost.
B. In no event shall the district have the right to regulate or determine fees or rentals relative to properties or facilities it does not own.
C. The district or any subdistrict shall enter into a payment in lieu of taxes agreement with the city of New Orleans prior to the acquisition of any property owned by the district that was not exempt from ad valorem taxes immediately preceding the district’s acquisition of such property. The agreement shall provide that the district or subdistrict shall annually pay to the city of New Orleans an amount equal to the ad valorem taxes that would have been payable to the city had the property not been exempt from such taxation by reason of its ownership by the district or subdistrict.
Acts 2005, No. 487, §1, eff. July 12, 2005; Acts 2022, No. 354, §1, eff. June 10, 2022.