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Regular Session, 2010 ENROLLED
SENATE BILL NO. 703
BY SENATOR PETERSON
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 district shall be composed of that area within and16
including the following perimeter streets and avenues: beginning at the17
intersection of Nashville Ave. and S. Claiborne Ave. proceeding along Nashville18
Ave. to its intersection with Fontainebleau Dr., along Fontainebleau Dr. to its19
intersection with Octavia St., along Octavia St. to its intersection with S.20
Jefferson Davis Parkway, along S. Jefferson Davis Parkway to its intersection21
with Washington Ave., then along Washington Ave. to where it turns into22
Toledano St. and then along Toledano St. to its intersection with S. Claiborne23 SB NO. 703 ENROLLED
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Ave. and back to the intersection of S. Claiborne Ave. and Nashville Ave.1
C. Purpose. The district is established for the purpose of promoting2
quality of life initiatives of the Broadmoor Improvement Association (BIA) that3
cater to residents living in the area included within the district and encouraging4
the beautification and overall benefit of the district as defined in the5
Redevelopment Plan for Broadmoor.6
D. Governance. (1) The district shall be governed by the nine-member7
BIA board, referred to in this Section as the "board".8
(2)(a) Three board members shall be elected from each subgroup of the9
district.10
(b) Elections will occur as provided in the district's bylaws.11
(3)(a) Board members shall serve two-year terms.12
(b) Any vacancy which occurs prior to the expiration of the terms for a13
board member shall be filled for the remainder of the unexpired term in the14
same manner as the original election. Board members shall be eligible for15
reelection.16
(4) The board shall elect from its members a chairman, a vice chairman,17
a secretary-treasurer, and such other officers as it may deem necessary. The18
duties of the officers shall be fixed by the bylaws adopted by the board.19
(5) The minute books and archives of the district shall be maintained by20
the secretary-treasurer of the board. The monies, funds, and accounts of the21
district shall be in the official custody of the board.22
(6) The board shall adopt such rules, regulations, and bylaws as it deems23
necessary or advisable for conducting its business affairs. Rules and regulations24
of the board relative to the notice and conduct of meetings shall conform to25
applicable law, including R.S. 42:4.1 et seq., relative to open meetings. The board26
shall hold regular meetings as shall be provided for in the bylaws and may hold27
special meetings at such times and places within the district as may be prescribed28
in the bylaws.29
(7) A majority of the members of the board shall constitute a quorum for30 SB NO. 703 ENROLLED
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the transaction of business. The board shall keep minutes of all meetings and1
shall make them available through the secretary-treasurer of the board.2
(8) Each member of the board shall have one vote, and the vote of a3
majority of the members of the board present and voting, a quorum being4
present, shall be required to decide any question upon which the board takes5
action.6
(9) The members of the board shall serve without compensation but shall7
be reimbursed for their reasonable out-of-pocket expenses directly related to the8
governance of the district.9
E. Powers and duties. The district, acting through its board, shall have the10
following powers and duties:11
(1) To sue and be sued.12
(2) To adopt, use, and alter at will a corporate seal.13
(3) To receive and expend funds collected pursuant to Subsection F of this14
Section and in accordance with a budget adopted as provided by Subsection H15
of this Section.16
(4) To enter into contracts with individuals or entities, private or public.17
(5) To provide or enhance security patrols in the district, to provide for18
improved lighting, signage, or matters relating to the security of the district, to19
provide for the beautification of and improvements for the district, or to provide20
generally for the overall betterment of the district as outlined in the Broadmoor21
Redevelopment Plan.22
(6) To enter into contracts and agreements with one or more other23
districts for the joint security, improvement, or betterment of all participating24
districts.25
(7) To provide for such services and make such expenditures as the board26
deems proper for the upkeep of the district.27
(8) To acquire or lease items and supplies which the board deems28
instrumental to achieving the purposes of the district.29
(9) To acquire, lease, insure, and sell real property within the boundaries30 SB NO. 703 ENROLLED
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of the district in accordance with district plans.1
(10) To procure and maintain liability insurance against any personal or2
legal liability of a board member that may be asserted or incurred based upon3
his service as a member of the board or that may arise as a result of his actions4
taken within the scope and discharge of his duties as a member of the board.5
(11) To perform or have performed any other function or activity6
necessary or appropriate to carry out the purposes of the district or for the7
overall betterment of the district.8
F. Parcel fee. The governing authority of the city of New Orleans is9
hereby authorized to impose and collect a parcel fee within the district subject10
to and in accordance with the provisions of this Subsection. For purposes of this11
Section, a parcel is defined as a lot, a subdivided portion of ground, or an12
individual tract.13
(1) The amount of the fee shall be as requested by duly adopted resolution14
of the board. The fee shall be a flat fee per improved parcel of land not to exceed15
one hundred dollars per year for each parcel. No fee shall be imposed upon any16
parcel whose owner qualifies for the special assessment level provided by Article17
VII, Section 18(G)(1) of the Constitution of Louisiana.18
(2)(b) The owner of each parcel located within the district shall be19
responsible for payment of the fee.20
(3)(a) The fee shall be imposed only after the question of its imposition21
has been approved by a majority of the registered voters of the district who vote22
on the proposition at an election held for that purpose in accordance with the23
Louisiana Election Code. The fee shall not be increased during the period of its24
initial levy.25
(b) The question of the imposition of the parcel fee shall be submitted to26
the voters in a proposition at an election held for that purpose in accordance27
with the Louisiana Election Code.28
(c) If approved, the initial fee shall expire on December 31, 2015, but the29
fee may be renewed if approved by a majority of the registered voters of the30 SB NO. 703 ENROLLED
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district voting on the proposition at an election as provided in Subparagraph (a)1
of this Paragraph. Any election to authorize the renewal of the fee shall be held2
for that purpose in accordance with the Louisiana Election Code. If the fee is3
renewed, the term of the imposition of the fee shall be as provided in the4
proposition authorizing such renewal, not to exceed five years.5
(4) The fee shall be collected at the same time and in the same manner as6
ad valorem taxes on property subject to taxation by the city are collected.7
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the8
city and shall be enforced with the same authority and subject to the same9
penalties and procedures as unpaid ad valorem taxes.10
(6)(a) The proceeds of the fee shall be used solely and exclusively for the11
purpose and benefit of the district; however, the city may retain one percent of12
the amount collected as a collection fee.13
(b) The city of New Orleans shall remit to the district all amounts14
collected not more than thirty days after collection.15
G. Additional contributions. The district is authorized to solicit and16
accept additional voluntary contributions and grants to further the purposes of17
the district.18
H. Budget. (1) The board shall adopt an annual budget in accordance19
with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.20
(2) The district shall be subject to audit by the legislative auditor21
pursuant to R.S. 24:513.22
I. Miscellaneous. (1) It is the purpose and intent of this Section that any23
additional services or betterments provided by the district shall be supplemental24
to and not be in lieu of personnel and services to be provided in the district by25
the state or the city of New Orleans or their departments or agencies or by other26
political subdivisions.27
(2) The district may perform or have performed any other function or28
activity necessary for the achievement of its primary objective of encouraging29
the beautification, security, and overall betterment of the area included within30 SB NO. 703 ENROLLED
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the district as outlined in the Broadmoor Redevelopment Plan.1
J. Dissolution. (1) The district may be dissolved after the question of its2
dissolution has been approved by a majority of the registered voters of the3
district voting on the proposition at a regularly scheduled election conducted in4
accordance with the provisions of the Louisiana Election Code. The question5
may be placed on the ballot only after it has been approved by the affirmative6
vote of not less than five members of the district board.7
(2) If and when the district ceases to exist:8
(a) All funds of the district shall be transmitted by the board to the BIA9
and such funds, together with any other funds collected by the city of New10
Orleans pursuant to this Section, shall be maintained by the BIA and shall be11
used only for law enforcement, security, improvement, and beautification12
purposes of the district.13
(b) The authority for the imposition of the parcel fee provided in this14
Section shall cease.15
K. Indemnification and exculpation. (1) The district shall indemnify its16
officers and board members to the fullest extent permitted by R.S. 12:227, as17
fully as if the district were a nonprofit corporation governed thereby, and as may18
be provided in the district's bylaws.19
(2) No board member or officer of the district shall be liable to the district20
or to any individual who resides, owns property, visits, or otherwise conducts21
business in the district for monetary damages for breach of his duties as a board22
member or officer, provided that the foregoing provision shall not eliminate or23
limit the liability of a board member or officer for any of the following:24
(a) Acts or omissions not in good faith or which involve intentional25
misconduct or a knowing violation of law.26
(b) Any transaction from which he derived an improper personal benefit.27
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.28
9:2792.1 through 2792.9, a person serving the district as a board member or29
officer shall not be individually liable for any act or omission arising out of the30 SB NO. 703 ENROLLED
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performance of his duties.1
Section 2. This Act shall become effective on July 1, 2010.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATI VES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: