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Regular Session, 2010
SENATE BILL NO. 703
BY SENATOR PETERSON
SPECIAL DISTRICTS. Creates and provides for the Broadmoor Neighborhood
Improvement District in Orleans Parish. (7/1/10)
AN ACT1
To enact R.S. 33:9091.16, a bill relative to Orleans Parish; to create the Broadmoor2
Neighborhood Improvement District; to provide for district boundaries, purpose,3
governance, and funding, including the levy of a parcel fee; to provide relative to the4
powers and duties of the district and its governing board; and to provide for related5
matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 33:9091.16 is hereby enacted to read as follows: 9
ยง9091.16. Broadmoor Neighborhood Improvement District10
A. Creation. There is hereby created within the parish of Orleans, as11
more specifically provided in Subsection B of this Section, a body politic and12
corporate which shall be known as the Broadmoor Neighborhood Improvement13
District, referred to in this Section as the "district". The district shall be a14
political subdivision of the state as defined in the Constitution of Louisiana.15
B. Boundaries. The boundaries of the district shall be that area within16
and including the following perimeter streets and avenues: Nashville Ave., from17 SB NO. 703
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S. Claiborne to Fontainebleu Dr., Fontainebleau to Octavia St/Jefferson Davis1
Parkway where it meets Washington Avenue, Washington Avenue where it2
turns into Toledano St., and S. Claiborne from Toledano St., to Nashville.3
C. Purpose. The district is established for the purpose of promoting4
quality of life initiatives of the Broadmoor Improvement Association (BIA) that5
cater to residents living in the area included within the district and encouraging6
the beautification and overall benefit of the district as defined in the7
Redevelopment Plan for Broadmoor.8
D. Governance. (1) The district shall be governed by the nine-member9
BIA board, referred to in this Section as the "board", which are elected from10
each subgroup of the district.11
(2)(a) Three board members shall be elected from each subgroup of the12
district.13
(b) Elections will occur as provided in the district's bylaws.14
(3)(a) Board members shall serve two-year terms.15
(b) Any vacancy which occurs prior to the expiration of the terms for a16
board member shall be filled for the remainder of the unexpired term in the17
same manner as the original election. Board members shall be eligible for18
reelection.19
(4) The board shall elect from its members a chairman, a vice chairman,20
a secretary-treasurer, and such other officers as it may deem necessary. The21
duties of the officers shall be fixed by the bylaws adopted by the board.22
(5) The minute books and archives of the district shall be maintained by23
the secretary-treasurer of the board. The monies, funds, and accounts of the24
district shall be in the official custody of the board.25
(6) The board shall adopt such rules, regulations, and bylaws as it deems26
necessary or advisable for conducting its business affairs. Rules and regulations27
of the board relative to the notice and conduct of meetings shall conform to28
applicable law, including R.S. 42:4.1 et seq., relative to open meetings. The29 SB NO. 703
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board shall hold regular meetings as shall be provided for in the bylaws and1
may hold special meetings at such times and places within the district as may2
be prescribed in the bylaws.3
(7) A majority of the members of the board shall constitute a quorum for4
the transaction of business. The board shall keep minutes of all meetings and5
shall make them available through the secretary-treasurer of the board.6
(8) Each member of the board shall have one vote, and the vote of a7
majority of the members of the board present and voting, a quorum being8
present, shall be required to decide any question upon which the board takes9
action.10
(9) The members of the board shall serve without compensation but shall11
be reimbursed for their reasonable out-of-pocket expenses directly related to12
the governance of the district.13
E. Powers and duties. The district, acting through its board, shall have14
the following powers and duties:15
(1) To sue and be sued.16
(2) To adopt, use, and alter at will a corporate seal.17
(3) To receive and expend funds collected pursuant to Subsection F of18
this Section and in accordance with a budget adopted as provided by Subsection19
H of this Section.20
(4) To enter into contracts with individuals or entities, private or public.21
(5) To provide or enhance security patrols in the district, to provide for22
improved lighting, signage, or matters relating to the security of the district, to23
provide for the beautification of and improvements for the district, or to24
provide generally for the overall betterment of the district as outlined in the25
Broadmoor Redevelopment Plan.26
(6) To enter into contracts and agreements with one or more other27
districts for the joint security, improvement, or betterment of all participating28
districts.29 SB NO. 703
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(7) To provide for such services and make such expenditures as the1
board deems proper for the upkeep of the district.2
(8) To acquire or lease items and supplies which the board deems3
instrumental to achieving the purposes of the district.4
(9) To acquire, lease, insure, and sell real property within the boundaries5
of the district in accordance with district plans.6
(10) To procure and maintain liability insurance against any personal or7
legal liability of a board member that may be asserted or incurred based upon8
his service as a member of the board or that may arise as a result of his actions9
taken within the scope and discharge of his duties as a member of the board.10
(11) To perform or have performed any other function or activity11
necessary or appropriate to carry out the purposes of the district or for the12
overall betterment of the district.13
F. Parcel fee. The governing authority of the city of New Orleans is14
hereby authorized to impose and collect a parcel fee within the district subject15
to and in accordance with the provisions of this Subsection. For purposes of this16
Section, a parcel is defined as a lot, a subdivided portion of ground, or an17
individual tract.18
(1) The amount of the fee shall be as requested by duly adopted19
resolution of the board. The fee shall be a flat fee per improved parcel of land20
not to exceed one hundred dollars per year for each parcel. No fee shall be21
imposed upon any parcel whose owner qualifies for the special assessment level22
provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana.23
(2)(a) The fee shall be imposed on each improved parcel located within24
the district except as provided in Paragraph (1) of this Subsection.25
(b) The owner of each parcel located within the district shall be26
responsible for payment of the fee.27
(3)(a) The fee shall be imposed only after the question of its imposition28
has been approved by a majority of the registered voters of the district who vote29 SB NO. 703
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on the proposition at an election held for that purpose in accordance with the1
Louisiana Election Code. The amount of the fee shall not increase for five years.2
(b) The initial election on the question of the imposition of the fee shall3
be held at the same time as a regularly scheduled election in the city of New4
Orleans.5
(c) If approved, the initial fee shall expire on December 31, 2015, but the6
fee may be renewed if approved by a majority of the registered voters of the7
district voting on the proposition at an election as provided in Subparagraph (a)8
of this Paragraph. Any election to authorize the renewal of the fee shall be held9
for that purpose in accordance with the Louisiana Election Code. If the fee is10
renewed, the term of the imposition of the fee shall be as provided in the11
proposition authorizing such renewal, not to exceed five years.12
(4) The fee shall be collected at the same time and in the same manner13
as ad valorem taxes on property subject to taxation by the city are collected.14
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the15
city and shall be enforced with the same authority and subject to the same16
penalties and procedures as unpaid ad valorem taxes.17
(6)(a) The proceeds of the fee shall be used solely and exclusively for the18
purpose and benefit of the district; however, the city may retain one percent of19
the amount collected as a collection fee.20
(b) The city of New Orleans shall remit to the district all amounts21
collected not more than thirty days after collection.22
G. Additional contributions. The district is authorized to solicit and23
accept additional voluntary contributions and grants to further the purposes of24
the district.25
H. Budget. (1) The board shall adopt an annual budget in accordance26
with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.27
(2) The district shall be subject to audit by the legislative auditor28
pursuant to R.S. 24:513.29 SB NO. 703
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I. Miscellaneous. (1) It is the purpose and intent of this Section that any1
additional services or betterments provided by the district shall be supplemental2
to and not be in lieu of personnel and services to be provided in the district by3
the state or the city of New Orleans or their departments or agencies or by other4
political subdivisions.5
(2) The district may perform or have performed any other function or6
activity necessary for the achievement of its primary objective of encouraging7
the beautification, security, and overall betterment of the area included within8
the district as outlined in the Broadmoor Redevelopment Plan.9
J. Dissolution. (1) The district may be dissolved after the question of its10
dissolution has been approved by a majority of the registered voters of the11
district voting on the proposition at a regularly scheduled election conducted in12
accordance with the provisions of the Louisiana Election Code. The question13
may be placed on the ballot only after it has been approved by the affirmative14
vote of not less than five members of the district board.15
(2) If and when the district ceases to exist:16
(a) All funds of the district shall be transmitted by the board to the BIA17
and such funds, together with any other funds collected by the city of New18
Orleans pursuant to this Section, shall be maintained by the BIA and shall be19
used only for law enforcement, security, improvement, and beautification20
purposes of the district.21
(b) The authority for the imposition of the parcel fee provided in this22
Section shall cease.23
K. Indemnification and exculpation. (1) The district shall indemnify its24
officers and board members to the fullest extent permitted by R.S. 12:227, as25
fully as if the district were a nonprofit corporation governed thereby, and as26
may be provided in the district's bylaws.27
(2) No board member or officer of the district shall be liable to the28
district or to any individual who resides, owns property, visits, or otherwise29 SB NO. 703
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conducts business in the district for monetary damages for breach of his duties1
as a board member or officer, provided that the foregoing provision shall not2
eliminate or limit the liability of a board member or officer for any of the3
following:4
(a) Acts or omissions not in good faith or which involve intentional5
misconduct or a knowing violation of law.6
(b) Any transaction from which he derived an improper personal benefit.7
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.8
9:2792.1 through 2792.9, a person serving the district as a board member or9
officer shall not be individually liable for any act or omission arising out of the10
performance of his duties.11
Section 2. This Act shall become effective on July 1, 2010.12
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
Peterson (SB 703)
Proposed law provides that the district is established for the purpose of promoting quality
of life initiatives of the Broadmoor Improvement Association (BIA) that cater to residents
living in the area included within the district and encouraging the beautification and overall
benefit of the district as defined in the Redevelopment Plan for Broadmoor.
Proposed law provides that the district shall be governed by the nine-member BIA board,
referred to in this Section as the "board", which are elected from each subgroup of the
district. Three board members shall be elected from each subgroup of the district. Elections
will occur as provided in the bylaws. Board members shall serve two-year terms. Any
vacancy which occurs prior to the expiration of the terms for a board member shall be filled
for the remainder of the unexpired term in the same manner as the original election. Board
members shall be eligible for reelection. The commission shall elect from its members a
chairman, a vice chairman, a secretary-tre asurer, and such other officers as it may deem
necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.
Proposed law provides that the commission 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.
Proposed law provides that the commission shall adopt such rules, regulations, and bylaws
as it deems necessary or advisable for conducting its business affairs. Rules and regulations
of the commission relative to the notice and conduct of meetings shall conform to applicable
law, relative to open meetings. The commission 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. SB NO. 703
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that a majority of the members of the commission shall constitute a
quorum for the transaction of business. The commission shall keep minutes of all meetings
and shall make them available through the secretary-treasurer of the commission.
Proposed law provides that the district, acting through its board, 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 in accordance with an adopted budget.
(4)To enter into contracts with individuals or entities, private or public.
(5)To provide or enhance security patrols in the district, to provide for improved
lighting, signage, or matters relating to the security of the district, to provide for the
beautification of and improvements for the district, or to provide generally for the
overall betterment of the district as outlined in the Broadmoor Redevelopment Plan.
(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 procure and maintain liability insurance against any personal or legal liability of
a board member that may be asserted or incurred based upon his service as a member
of the commission or that may arise as a result of his actions taken within the scope
and discharge of his duties as a member of the board.
(11)To perform or have performed any other function or activity necessary or appropriate
to carry out the purposes of the district or for the overall betterment of the district.
Proposed law provides that the governing authority of the city of New Orleans is authorized
to impose and collect a parcel fee within the district. For purposes of this proposed law, a
parcel is defined as a lot, a subdivided portion of ground, or an individual tract.
Proposed law provides that 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 not to exceed
one hundred dollars per year for each parcel. The fee shall be imposed on each improved
parcel located within the district except as provided in proposed law . The owner of each
parcel located within the district shall be responsible for payment of the fee.
Proposed law provides that 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.
If approved, the initial fee shall expire on December 31, 2015, 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. Any election to authorize the renewal of the fee shall be held for that purpose
in accordance with the Louisiana Election Code. 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 five years. The fee shall be collected at the same time and in the same manner as SB NO. 703
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ad valorem taxes on property subject to taxation by the city are collected.
Proposed law provides that 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. 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. The city of New Orleans shall remit to
the district all amounts collected not more than thirty days after collection.
Proposed law provides that the district is authorized to solicit and accept additional voluntary
contributions and grants to further the purposes of the district.
Proposed law provides that the commission shall adopt an annual budget in accordance with
the Louisiana Local Government Budget Act. The district shall be subject to audit by the
legislative auditor.
Proposed law provides that any additional 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. The district may perform or have performed any other function or
activity necessary for the achievement of its primary objective of encouraging the
beautification, security, and overall betterment of the area included within the district as
outlined in the Broadmoor Redevelopment Plan.
Proposed law provides that the district may be dissolved after the question of its dissolution
has been approved by a majority of the registered voters of the district voting on the
proposition at a regularly scheduled election conducted in accordance with the provisions
of the Louisiana Election Code. The question may be placed on the ballot only after it has
been approved by the affirmative vote of not less than five members of the district board.
Proposed law provides that if and when the district ceases to exist:
(a)All funds of the district shall be transmitted by the board to the BIA and such funds,
together with any other funds collected by the city of New Orleans pursuant to
proposed law, shall be maintained by the BIA shall be used only for law
enforcement, security, improvement, and beautification purposes of the district.
(b)The authority for the imposition of the parcel fee shall cease.
Proposed law provides that the district shall indemnify its officers and Board members to
the fullest extent permitted by present law, as fully as if the district were a nonprofit
corporation governed thereby, and as may be provided in the district's bylaws.
Effective July 1, 2010.
(Adds R.S. 33:9091.16)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill.
1. Technical amendment.