To enact R.S. 33:9091.14, relative to Orleans Parish; to create a Mid-City Security District within the parish; to provide relative to the purpose, governance, and powers and duties of the district; to provide for the imposition and collection of a parcel fee and use thereof; and to provide for related matters.
Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.
§ 9091.14. Mid-City Security District
There is hereby created within the parish of Orleans, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Mid-City Security District, referred to in this Section as the “district”. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.
The boundaries of the district shall be that area within and including the following perimeter: Tulane Avenue (both sides), Interstate 10 (interior side), City Park Avenue (interior side), West Moss Street (interior side), Orleans Avenue (both sides), and North Broad Street and South Broad Street (both sides).
The district is established for the purpose of promoting and encouraging security in the area included within the district.
(1) The district shall be governed by a five-member board of commissioners, referred to in this Section as the “board”. The board shall be composed as follows:
(a) The Mid-City Neighborhood Organization shall appoint two members.
(b) The Parkview Neighborhood Association shall appoint one member.
(c) The two members of the governing authority of the city of New Orleans who are elected from Council District A and Council District B shall each appoint one member.
(2) All members appointed pursuant to Paragraph (1) of this Subsection shall be qualified voters and residents of the district.
(3) Board members appointed pursuant to Paragraph (1) of this Subsection shall serve three-year terms.
(a) Upon the expiration of the terms of members serving pursuant to Paragraph (1) of this Subsection, board members shall be appointed as provided in this Paragraph.
(i) The Mid-City Neighborhood Organization shall appoint four members, one of whom shall be from the City Park Triangle.
(ii) The Parkview Neighborhood Association shall appoint one member.
(b) All members appointed pursuant to Subparagraph (a) of this Paragraph shall be qualified voters and residents of the district.
(c) Board members appointed pursuant to Subparagraph (a) of this Paragraph shall serve three-year terms after serving initial terms as provided in this Subparagraph. One member shall serve an initial term of one year; two shall serve initial terms of two years; and two shall serve an initial term of three years, as determined by lot at the first meeting of the board held after the members are appointed as provided in Subparagraph (a) of this Paragraph.
(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Board members shall be eligible for reappointment.
(6) The board shall elect from its members a chairman, a vice chairman, a secretary-treasurer, and such other officers as it may deem necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.
(7) The minute books and archives of the district shall be maintained by the secretary-treasurer of the board. The monies, funds, and accounts of the district shall be in the official custody of the board.
(8) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs. Rules and regulations of the board relative to the notice and conduct of meetings shall conform to applicable law, including, if applicable, R.S. 42:11 et seq., relative to open meetings. The board shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws.
(9) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available through the secretary-treasurer of the board.
(10) The members of the board shall serve without compensation but shall be reimbursed for reasonable out-of-pocket expenses directly related to the governance of the district.
E. Powers and duties.
The district shall have the following powers and duties:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To receive and expend funds collected pursuant to Subsection F of this Section and in accordance with a budget adopted as provided by Subsection G of this Section.
(4) To enter into contracts with individuals or entities, private or public.
(5) To provide or enhance security patrols in the district, and to provide for improved lighting, signage, or matters relating to the security of the district.
(6) To enter into contracts and agreements with one or more other districts for the joint security, improvement, or betterment of all participating districts.
(7) To provide for such services and make such expenditures as the board deems proper for the upkeep of the district.
(8) To acquire or lease items and supplies which the board deems instrumental to achieving the purposes of the district.
(9) To acquire, lease, insure, and sell real property within the boundaries of the district in accordance with district plans.
(10) To perform or have performed any other function or activity necessary or appropriate to carry out the purposes of the district.
F. Parcel fee.
The governing authority of the city of New Orleans may impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection.
(1) The amount of the fee shall be as requested by duly adopted resolution of the board. The fee shall be a flat fee per improved parcel of land of not less than two hundred dollars and not to exceed two hundred fifty dollars per year for each improved residential parcel and not less than three hundred dollars and not to exceed three hundred seventy-five dollars for each improved commercial parcel. Any improved parcel consisting of both commercial and residential uses shall be considered commercial for purposes of this Section.
(2) The fee shall be imposed on each improved parcel located within the district.
(a) For purposes of this Section, “parcel” means a lot, a subdivided portion of ground, an individual tract, or a “condominium parcel” as defined in R.S. 9:1121.103.
(b) The owner of each parcel shall be responsible for payment of the fee.
(a) The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district who vote on the proposition at an election held for that purpose in accordance with the Louisiana Election Code. The amount of the fee may be changed by duly adopted resolution of the board, not to exceed the maximum amount authorized by this Subsection. No other election shall be required except as provided by this Paragraph.
(b) The initial election on the question of the imposition of the fee shall be held at the same time as a regularly scheduled election in the city of New Orleans.
(c) If approved, the fee shall expire on December 31, 2014, but the fee may be renewed if approved by a majority of the registered voters of the district voting on the proposition at an election as provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be held at the same time as a regularly scheduled mayoral election in the city of New Orleans. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed eight years.
(4) The fee shall be collected at the same time and in the same manner as ad valorem taxes on property subject to taxation by the city are collected.
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.
(a) The proceeds of the fee shall be used solely and exclusively for the purpose and benefit of the district; however, the city may retain one percent of the amount collected as a collection fee.
(b) The city of New Orleans shall remit to the district all amounts collected not more than sixty days after collection.
(1) The board shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.
(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.
(1) It is the purpose and intent of this Section that any additional security patrols, public or private, or any other security or other services or betterments provided by the district shall be supplemental to and not be in lieu of personnel and services to be provided in the district by the state or the city of New Orleans or their departments or agencies or by other political subdivisions.
(2) If the district ceases to exist, all funds of the district shall be transmitted by the board to the city of New Orleans, and such funds, together with any other funds collected by the city of New Orleans pursuant to this Section, shall be maintained in a separate account by the city and shall be used only to promote, encourage, and enhance the security of the area included in the district.
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