2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4710.13. Powers and duties

RS 33:4710.13 - Powers and duties
The authority shall have all the powers and authority necessary or convenient to carry out the purposes of this Chapter including but not limited to the following powers and authority:
(1) To employ such officers, employees, and agents as it deems necessary for the performance of its powers and duties and fix the compensation of such officers, employees, and agents.
(2) To acquire, construct, reconstruct, extend, improve, maintain, and operate projects located or to be located in the parish of Orleans.
(3) To acquire, whether by sale, exchange, lease, or otherwise, title to or rights and interests in immovable property within the parish of Orleans, including leasehold interests, required to implement the purposes of this Chapter. In connection with any exchange of property in which the authority may engage, the property acquired by the authority and the property given up by the authority shall each have a value to the authority that is approximately equal, with any difference to be paid in cash. The term "value to the authority" shall include any and all factors reflecting a benefit to the authority and shall include without limitation proximity of a property to other property owned by the authority, increased efficiency of operations of the authority afforded by a property, and resolution of any claims against or potential liabilities of the authority achieved by any aspect of the exchange.
(4) To enter into contracts with any person, firm, or corporation, public or private, including the state of Louisiana or any department, agency, or political subdivision thereof, on such terms and conditions as the board may determine, with respect to the acquisition, construction, reconstruction, extension, improvement, maintenance, or operation of projects or the furnishing or distribution of the services, facilities, or commodities thereof, including but not limited to the leasing or subleasing for allied services such as hotels, restaurants, retail outlets, offices, parking, entertainment, and similar activities. Any lease or sublease of the authority, or both, to an exhibition or convention user, or both, including any assignment thereof, any lease or sublease or extensions or renewals thereof, including any assignments thereof, for allied services such as hotels, restaurants, retail outlets, offices, and entertainment, are exempt from the provisions of R.S. 38:2211 et seq., and any other provision of law with respect to the purchase or lease of property by public entities; all other contracts, leases or subleases, or both, including any assignment thereof, shall be entered into in accordance with the provisions of R.S. 38:2211 et seq.
(5) To enter into contracts with any person, firm, or corporation, public or private, including the state of Louisiana or any department, agency, or political subdivision thereof, on such terms and conditions as the board may determine, with respect to the use, lease, or sublease of project facilities and services for convention or exhibition purposes or any other purpose authorized by this Chapter. No provision of this Chapter is intended or shall be construed to authorize or permit the state of Louisiana or any of its departments or agencies to enter into any contract or agreement under which the state of Louisiana or any of its departments or agencies will assume responsibility for any indebtedness of the authority or for the management, operation, or maintenance of any facility or project; however, this prohibition shall not extend to or affect the agreement between the board of commissioners of the Port of New Orleans and International Rivercenter entered into on April 24, 1974, as amended, or any transferee, purchaser, or assignee of any interest in the agreement, whether in whole or in part, notwithstanding any provision of law or this Chapter to the contrary.
(6) Except as limited by the terms and conditions of the lease covering and affecting the Poydras Street Wharf, to establish, maintain, revise, charge, and collect such rates, fees, rentals, or other charges for the use, services, facilities, and commodities of or furnished by any project and to provide methods of collection of and civil penalties for nonpayment of such rates, fees, rentals, or other charges.
(7) To incur debt and issue bonds or other obligations for the purpose of the authority in the manner provided by this Chapter.
(8) To pledge to the payment of its bonds or other obligations and interest thereon the avails or proceeds of the hotel occupancy taxes authorized by this Chapter and other income and revenues of the authority derived from any source, including without limitation any and all taxes, fees, and charges authorized by this Chapter and revenues derived from one or more projects or expansion projects and leases and agreements securing the payment of bonds.
(9) To levy and collect taxes in the manner provided in this Chapter.
(10) Except as limited by the terms and conditions of the lease covering and affecting the Poydras Street Wharf and subject to the rights, powers, and jurisdiction of the board of commissioners of the Port of New Orleans, to make and enforce rules and regulations governing the use, maintenance, and operation of projects.
(11) To accept donations, gifts, and grants of movable or immovable property for the acquisition, construction, reconstruction, extension, improvement, maintenance, or operation of any project and to make and perform such agreements or contracts as necessary or convenient in connection with the procuring or acceptance of such donations, gifts, and grants. Such donations, gifts, and grants shall be the sole property of the authority.
(12) To accept loans, grants, or contributions from and to enter into contracts and cooperate with the United States of America, the state, and any agency or subdivision thereof with respect to any project in accordance with law.
(13) Except as limited by the terms and conditions of the lease covering and affecting the Poydras Street Wharf, to lease or sublease to or from any person, firm, or corporation, public or private, all or any part of any project upon such terms and conditions and for such term of years, not in excess of sixty years, as the board deems advisable to carry out the provisions of this Chapter and to provide, if deemed advisable by the board, for an option to purchase or otherwise lawfully acquire such project upon the terms and conditions therein specified. Any lease or sublease, or both, of the authority to an exhibition or convention user or to facilitate the private development and funding of lodging facilities, including any assignments thereof, any lease or sublease or extension or renewal thereof, including any assignments thereof, for allied services such as hotels, restaurants, retail outlets, offices, and entertainment, are exempt from the provisions of R.S. 38:2211 et seq., and any other provision of law with respect to the purchase or lease of property by public entities; all other contracts, leases or subleases, or both, of the authority, including any assignment thereof, shall be entered into in accordance with the provisions of R.S. 38:2211 et seq.
(14) To execute such instruments and agreements and do all things necessary or convenient in the exercise of the powers granted by this Chapter or in the performance of the covenants or duties of the authority or to secure the payment of its bonds.
(15) To contract, upon such terms as it may agree upon, for financial, engineering, legal, and other professional services necessary or expedient in the conduct of its affairs.
(16) For consideration, to dispose of property by sale, exchange, lease, or otherwise in order to implement the purposes of this Chapter. In connection with any exchange of property in which the authority may engage, the property acquired by the authority and the property given up by the authority shall each have a value to the authority that is approximately equal, with any difference to be paid in cash. The term "value to the authority" shall include without limitation proximity of a property to other property owned by the authority, increased efficiency of operations of the authority afforded by a property, and resolution of any claims against or potential liabilities of the authority achieved by any aspect of the exchange.
(17) To enter into a contract or contracts with the city of New Orleans, pursuant to which the authority may assume the management, operation, and maintenance of any exhibition center or convention hall and responsibility for any obligation or indebtedness incurred for the construction thereof and pay out of revenues of the authority available for such purpose the expense thereof.
(18) To acquire by lease from the state of Louisiana or any department, board, commission, agency, or political subdivision thereof, including the city of New Orleans, sites for any of its projects upon such terms and conditions as the board may determine. Any such lease is exempt from provisions of law with respect to the lease of property by public entities and in particular the provisions of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950.
Acts 2019, No. 172, §1.