Louisiana Revised Statutes 33:4720.106 – Authority
Terms Used In Louisiana Revised Statutes 33:4720.106
- Bequest: Property gifted by will.
- 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The Opelousas Redevelopment Authority shall have all the authority and power necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter, including without limiting the generality of the foregoing, the following authority which shall be in addition to others herein granted:
(1) To undertake and carry out community improvement projects and related activities in accordance with the city’s comprehensive plan within its area of operation; and to make and execute contracts and other instruments necessary or convenient to the exercise of its authority under this Chapter; and to disseminate slum clearance and community improvement information.
(2) To provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a community improvement project, to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to and fulfill any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law in the undertaking or carrying out of a community improvement project and related activities, and to include in any contract let in connection with such a project and related activities, provisions to fulfill such of said conditions as it may deem reasonable and appropriate.
(3) Within its area of operation, to acquire by purchase, lease, option, gift, grant, bequest, device, expropriation, or otherwise any real property (or personal property for its administrative purposes) together with any improvements thereon; to hold, improve, clear, or prepare for redevelopment of any such property; to mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purpose of this Chapter; however, no statutory provision with respect to the clearance or disposition of property by public bodies shall restrict the authority exercising powers thereunder, in the exercise of such functions with respect to a community improvement project and related activities, unless the legislature shall specifically so state.
(4) With the approval of the local governing body, after a public hearing as provided in La. Rev. Stat. 33:4720.107(C) prior to approval of a community improvement plan, or approval of any modification of the plan, to acquire real property in a community improvement area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses; the local governing body may agree to assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this Paragraph in the event that the real property is not made a part of the community improvement plan or project.
(5) To invest any community improvement funds held in reserve or sinking funds or in any such funds not required for immediate disbursement, in property or securities in which public bodies may legally invest funds subject to their control, to redeem such bonds as have been issued pursuant to La. Rev. Stat. 33:4720.111 at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled.
(6) To borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of assistance from the federal government, the state, parish, or other public bodies, or from any sources, public or private, for the purposes of this Chapter, and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the federal government for or with respect to a community improvement project and related activities such conditions imposed pursuant to federal laws as the authority may deem reasonable and appropriate and which are not inconsistent with the purposes of this Chapter.
(7) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Chapter with any federal or state governmental agency, local political subdivision, public or private corporation, lending institution, or other entity or person, including but not limited to loan contracts for the acquisition, sale or lease, or sale-back or lease-back of property, issuance of bonds, payment of premiums, fees, or charges, and the purchase or guarantee of bonds, notes, loans, or other debt obligations, and to avail itself of the provisions of La. Rev. Stat. 33:4715.1.
(8) Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this Chapter and to contract with any person, public or private, in the making and carrying out of such plans and to adopt or approve, modify, and amend such plans, which plans may include but are not limited to:
(a) Plans for carrying out a program of voluntary or compulsory repair or rehabilitation of buildings and improvements.
(b) Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and for the compulsory repair, rehabilitation, demolition, or removal of buildings, and improvements.
(c) Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of community improvement projects and related activities.
(9) To develop, test, and report methods and techniques, and carry out demonstrations and other activities within its area of operation, for the prevention and the elimination of slums and urban blight and developing and demonstrating new or improved means of providing housing for families and persons of low income and to apply for, accept, and utilize grants of funds from the federal government for such purposes.
(10) To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations, and others) displaced from a community improvement area and to make relocation payments to or with respect to such persons for moving and readjustment expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government. However, no person shall be required to vacate premises from which he is being displaced until the authority has demonstrated the availability of reasonably suitable relocation resources.
(11) To provide, wherever feasible, a preference to such displaced persons, consistent with their status at the time of displacement, including but not limited to a homeowner, tenant, or operator of a business, to return to a community improvement area after its redevelopment, improvement, repair, or rehabilitation and to make payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary in a redevelopment area, after making appropriate adjustment for any improvements or betterments to the utility’s facilities made in connection with the relocation.
(12) To close or cause to be closed, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and to plan or cause to be replanned any part of the municipality in accordance with all applicable laws and La. Rev. Stat. 33:4720.107.
(13) To sue and to be sued; adopt and have a seal and to alter the same at pleasure; to make, amend, and repeal bylaws, orders, rules, and regulations in order to effectuate the provisions of this Chapter.
(14) To enter into agreements and contracts with the city of Opelousas, Louisiana, or any other public body, in pursuance of the intent of this Chapter.
(15) To make available to the municipality or any appropriate government agency, the recommendation of the authority affecting any area in its field of operation or property therein, which it may deem likely to promote the public health, morals, safety, or welfare.
(16) To rent or to provide by any other means suitable quarters for the use of the authority or to accept the use of such quarters as may be furnished by the municipality, parish, or other public body and to equip such quarters with such fixtures, furnishings, records, and supplies as the authority may deem necessary to enable it to exercise its powers under this Chapter.
(17) To receive and expend such funds as may be necessary to carry out the purposes of this Chapter, to apply for, accept, and utilize loans, advances, or grants of funds from the federal government or other sources for any of the purposes of this Chapter.
(18) To exercise all or any part or combination of powers granted to it in this Chapter.
Acts 2007, No. 380, §1, eff. July 10, 2007.