HLS 12RS-249 ENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 254
BY REPRESENTATIVE BROSSETT
DISTRICTS/SPECIAL: Creates the Gentilly Terrace and Gardens Security District in
Orleans Parish
AN ACT1
To enact R.S. 33:9091.19, relative to Orleans Parish; to create the Gentilly Terrace and2
Gardens Security District within the parish; to provide relative to the purpose,3
governance, and powers and duties of the district; to provide for the imposition of4
a parcel fee and for the use thereof; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:9091.19 is hereby enacted to read as follows: 10
ยง9091.19. Gentilly Terrace and Gardens Security District11
A. Creation. There is hereby created within the parish of Orleans, as more12
specifically provided in Subsection B of this Section, a body politic and corporate13
which shall be known as the Gentilly Terrace and Gardens Security District, referred14
to in this Section as the "district". The district shall be a political subdivision of the15
state as defined in the Constitution of Louisiana.16
B. Boundaries. The boundaries of the district shall include all property17
included within the following perimeter: the east side of Elysian Fields Avenue, the18
south side of Filmore Avenue, the west side of Peoples Avenue, and the north side19
of Gentilly Boulevard.20 HLS 12RS-249 ENGROSSED
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C. Purpose. The district is established for the primary object and purpose of1
promoting and encouraging the security of the district.2
D. Governance. (1) The district shall be managed by a seven-member board3
of commissioners, referred to in this Section as the "board". The board shall be4
composed as follows:5
(a) The president of the Gentilly Terrace and Gardens Improvement6
Association.7
(b) The governing board of the Gentilly Terrace and Gardens Improvement8
Association shall appoint two members.9
(c) The mayor of the city of New Orleans shall appoint one member to the10
board from a list of nominees submitted by the Gentilly Terrace and Gardens11
Improvement Association.12
(d) The member of the Louisiana House of Representatives whose district13
encompasses all or the greater portion of the area of the district shall appoint one14
member from a list of nominees submitted by the Gentilly Terrace and Gardens15
Improvement Association.16
(e) The member of the Louisiana Senate whose district encompasses all or17
the greater portion of the area of the district shall appoint one member from a list of18
nominees submitted by the Gentilly Terrace and Gardens Improvement Association.19
(f) The member of the governing authority of the city of New Orleans whose20
council district encompasses all or the greater portion of the area of the district shall21
appoint one member from a list of nominees submitted by the Gentilly Terrace and22
Gardens Improvement Association.23
(2) All members of the board shall be residents and qualified voters of the24
district.25
(3)(a) Board members serving pursuant to Subparagraphs (1)(b) through (f)26
of this Subsection shall serve four-year terms after initial terms as follows: one27
member shall serve an initial term of one year; two shall serve two years; two shall28
serve three years; and one shall serve four years, as determined by lot.29 HLS 12RS-249 ENGROSSED
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(b) The member serving pursuant to Subparagraph (1)(a) of this Subsection1
shall serve during his term of office as president of the Gentilly Terrace and Gardens2
Improvement Association.3
(c) Any vacancy which occurs prior to the expiration of the term for which4
a member of the board has been appointed shall be filled for the remainder of the5
unexpired term by the governing board of the Gentilly Terrace and Gardens6
Improvement Association. Board members are eligible for reappointment.7
(4) The board shall elect from its members a chairman, a vice chairman, a8
secretary, a treasurer, and such other officers as it may deem necessary. The duties9
of the officers shall be fixed by the bylaws adopted by the board.10
(5) The minute books and archives of the district shall be maintained by the11
secretary or the treasurer of the board. The monies, funds, and accounts of the12
district shall be in the official custody of the board.13
(6) The board shall adopt such rules and regulations as it deems necessary14
or advisable for conducting its business affairs. Rules and regulations of the board15
relative to the notice and conduct of meetings shall conform to applicable law,16
including laws relative to open meetings. The board shall hold regular meetings as17
shall be provided for in the bylaws and may hold special meetings at such times and18
places within the district as may be prescribed in the bylaws.19
(7) A majority of the members of the board shall constitute a quorum for the20
transaction of business. The board shall keep minutes of all meetings and shall make21
them available through the secretary of the board to residents of the district.22
(8) The members of the board shall serve without compensation but shall be23
reimbursed for their reasonable out-of-pocket expenses directly related to the24
governance of the district.25
(9) Each member of the board shall have one vote. The vote of a majority26
of the members of the board present and voting, a quorum being present, shall be27
required to decide any question upon which the board takes action.28 HLS 12RS-249 ENGROSSED
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E. Powers and duties. The district, acting through its board, shall have the1
following powers and duties:2
(1) To sue and be sued.3
(2) To adopt, use, and alter at will a corporate seal.4
(3) To receive and expend funds collected pursuant to Subsections F and G5
of this Section and in accordance with a budget adopted as provided by Subsection6
H of this Section.7
(4) To enter into contracts with individuals or entities, private or public.8
(5) To provide or enhance security patrols in the district, to provide for9
improved lighting, signage, or matters relating to the security of the district.10
(6) To enter into contracts and agreements with one or more other districts11
for the joint security, improvement, or betterment of all participating districts.12
(7) To provide for such services and make such expenditures as the board13
deems proper for the upkeep of the district.14
(8) To acquire or lease items and supplies which the board deems15
instrumental to achieving the purposes of the district.16
(9) To procure and maintain liability insurance against any personal or legal17
liability of a board member that may be asserted or incurred based upon his service18
as a member of the board or that may arise as a result of his actions taken within the19
scope and discharge of his duties as a member of the board.20
(10) To perform or have performed any other function or activity necessary21
or appropriate to carry out the purposes of the district or for the overall betterment22
of the district.23
F. Parcel fee. The governing authority of the city of New Orleans may24
impose and collect a parcel fee within the district subject to and in accordance with25
the provisions of this Subsection:26
(1) The amount of the fee shall be as requested by duly adopted resolution27
of the board. The fee shall be a flat fee not to exceed two hundred sixty dollars per28 HLS 12RS-249 ENGROSSED
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parcel per year for lots zoned for residential use and three hundred sixty dollars per1
parcel per year for lots zoned for commercial use.2
(2)(a) The fee shall be imposed on each parcel located within the district.3
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion4
of ground, an individual tract, or a "condominium parcel" as defined in R.S.5
9:1121.103.6
(c) The owner of each parcel shall be responsible for payment of the fee.7
(3)(a) The fee shall be imposed only after the question of its imposition has8
been approved by a majority of the registered voters of the district who vote on the9
proposition at an election held for that purpose in accordance with the Louisiana10
Election Code. The amount of the fee may be changed by duly adopted resolution11
of the board, not to exceed the maximum amount authorized by this Subsection. No12
other election shall be required except as provided by this Paragraph.13
(b) The fee shall expire on December 31, 2015, but may be renewed if14
approved by a majority of the registered voters of the district voting on the15
proposition at an election as provided in Subparagraph (a) of this Paragraph. Any16
election to authorize the renewal of the fee shall be held for that purpose in17
accordance with the Louisiana Election Code. If the fee is renewed, the term of the18
imposition of the fee shall be as provided in the proposition authorizing such19
renewal, not to exceed four years. If the fee is not renewed, the district shall cease20
to exist, and the provisions of this Section shall be null and void.21
(4) The fee shall be collected at the same time and in the same manner as ad22
valorem taxes on property subject to taxation by the city are collected.23
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city24
and shall be enforced with the same authority and subject to the same penalties and25
procedures as unpaid ad valorem taxes.26
(6)(a) The proceeds of the fee shall be used solely and exclusively for the27
purpose and benefit of the district; however, the city may retain one percent of the28
amount collected as a collection fee.29 HLS 12RS-249 ENGROSSED
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(b) The city of New Orleans shall remit to the district all amounts collected1
not more than sixty days after collection.2
G. Additional contributions. The district may solicit and accept additional3
voluntary contributions and grants to further the purposes of the district.4
H. Budget. (1) The board of commissioners shall adopt an annual budget5
in accordance with the Local Government Budget Act, R.S. 39:1301 et seq.6
(2) The district shall be subject to audit by the legislative auditor pursuant7
to R.S. 24:513.8
I. Miscellaneous provisions. (1) It is the purpose and intent of this Section9
that any additional security patrols, public or private, or any other security or other10
services or betterments provided by the district shall be supplemental to and not be11
in lieu of personnel and services to be provided in the district by the state or the city12
of New Orleans or their departments or agencies or by other political subdivisions.13
(2) If the district ceases to exist, all funds of the district shall be transmitted14
by the board to the city of New Orleans, and such funds, together with any other15
funds collected by the city of New Orleans pursuant to this Section, shall be16
maintained in a separate account by the city and shall be used only to promote,17
encourage, and enhance the security of the area included in the district.18
J. Indemnification and exculpation. (1) The district shall indemnify its19
officers and board members to the fullest extent permitted by R.S. 12:227, as fully20
as if the district were a nonprofit corporation governed thereby, and as may be21
provided in the district's bylaws.22
(2) No board member or officer of the district shall be liable to the district23
or to any individual who resides, owns property, visits, or otherwise conducts24
business in the district for monetary damages for breach of his duties as a board25
member or officer, provided that the foregoing provision shall not eliminate or limit26
the liability of a board member or officer for any of the following:27
(a) Acts or omissions not in good faith or which involve intentional28
misconduct or a knowing violation of law.29 HLS 12RS-249 ENGROSSED
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(b) Any transaction from which he derived an improper personal benefit.1
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.2
9:2792.1 through 2792.9, a person serving the district as a board member or officer3
shall not be individually liable for any act or omission arising out of the performance4
of his duties.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Brossett HB No. 254
Abstract: Creates the Gentilly Terrace and Gardens Security District in Orleans Parish for
the purpose of promoting and encouraging the security of the district. Provides for
a board of commissioners and for the imposition and use of a parcel fee.
Proposed law creates the Gentilly Terrace and Gardens Security District in Orleans Parish
as a political subdivision of the state for the purpose of promoting and encouraging the
security of the district. Provides for district boundaries and that the district is governed by
a board of seven commissioners, all of whom shall be residents and qualified voters of the
district, composed as follows:
(1)The president of Gentilly Terrace and Gardens Improvement Association
(association).
(2)Two members appointed by the association's governing board.
(3)One member appointed by the mayor of the city of New Orleans.
(4)One member appointed by the member of the La. House of Representatives whose
district encompasses all or the greater portion of the district's area.
(5)One member appointed by the member of the La. Senate whose district encompasses
all or the greater portion of the district's area.
(6)One member appointed by the member of the New Orleans City Council whose
district encompasses all or the greater portion of the district's area.
Appointments pursuant to (3) through (6) above are made from nominations from the
association. Proposed law appointed members shall serve staggered four-year terms.
Provides that the president of the association board shall serve during his term of office. HLS 12RS-249 ENGROSSED
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Provides that vacancies shall be filled by the governing board of the association and requires
members to serve without compensation; requires reimbursement of expenses.
Proposed law authorizes the board to select from its members a president and other officers
whose duties shall be fixed by the board bylaws. Provides for district powers including the
following:
(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 proposed law and in accordance
with a budget adopted as provided by proposed law.
(4)To enter into contracts with individuals or entities, private or public, for the
provision of security patrols; to provide for lighting, signage, and other security
matters.
(5)To require or lease items and supplies instrumental to achieving the district's
purpose.
(6)To perform or have performed any other function or activity necessary for achieving
the district's purpose.
Proposed law authorizes the New Orleans City Council to impose and collect a parcel fee
within the district, subject to voter approval, which amount shall be as requested by duly
adopted board resolution. Provides that the fee shall be a flat fee not to exceed $260 per
parcel per year for lots zoned for residential use and $360 per parcel per year for lots zoned
for commercial use. Defines "parcel" as a lot, a subdivided portion of ground, an individual
tract, or a condominium parcel as defined in present law (R.S. 9:1121.103).
Proposed law provides that the amount of the fee may be changed by duly adopted board
resolution, not to exceed the maximum amount authorized by proposed law. Provides that
no other election shall be required except as provided by proposed law. Provides that the
fee shall expire on Dec. 31, 2015, but may be renewed, and that if renewed, the term of the
imposition of the fee shall be as provided in the proposition authorizing renewal, not to
exceed four years. Provides that the district shall cease to exist if the fee is not renewed.
Proposed law requires that the fee be collected in the same manner and at the same time as
ad valorem taxes and that any unpaid fee be added to the city tax rolls and enforced with the
same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.
Proposed law requires that fee proceeds be used solely and exclusively for the district's
purpose and benefit. Authorizes the city to retain 1% of the amount collected as a collection
fee and requires the city to remit to the district all amounts collected not more than 60 days
after collection.
Proposed law requires the board of commissioners to adopt an annual budget in accordance
with the Local Government Budget Act and provides that the district shall be subject to audit
by the legislative auditor.
Proposed law provides that it is the purpose and intent of proposed law that the additional
law enforcement personnel and their services provided for through the fees authorized by
proposed law shall be supplemental to and not in lieu of personnel and services provided in
the district by the New Orleans Police Dept. Requires the board to transmit all funds of the
district to the city of New Orleans if the district ceases to exist. Provides further with respect
to the management of the funds by the city. HLS 12RS-249 ENGROSSED
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Proposed law requires the district to indemnify its officers and board members to the fullest
extent permitted by present law (relative to indemnification of officers, directors, employees,
and agents of nonprofit corporations) as fully as if the district were a nonprofit corporation
governed thereby and as may be provided in district bylaws. Provides that no board member
or officer shall be liable to the district or to any individual who resides, owns property, visits,
or otherwise conducts business in the district for monetary damages for breach of duties;
however, provides that this shall not eliminate or limit the liability of a board member or
officer for:
(1)Acts or omissions not in good faith or which involve intentional misconduct or a
knowing violation of law.
(2)Any transaction from which he derived an improper personal benefit.
Proposed law provides that a board member or officer shall not be individually liable for any
act or omission arising out of the performance of his duties to the fullest extent permitted by
present law relative to limitation of liability of directors, officers, and trustees of certain
organizations and districts.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:9091.19)