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ACT No. 182
Regular Session, 2012
HOUSE BILL NO. 254
BY REPRESENTATIVE BROSSETT
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
C. Purpose. The district is established for the primary object and purpose of21
promoting and encouraging the security of the district.22 ENROLLEDHB NO. 254
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D. Governance. (1) The district shall be managed by a seven-member board1
of commissioners, referred to in this Section as the "board". The board shall be2
composed as follows:3
(a) The president of the Gentilly Terrace and Gardens Improvement4
Association.5
(b) The governing board of the Gentilly Terrace and Gardens Improvement6
Association shall appoint two members.7
(c) The mayor of the city of New Orleans shall appoint one member to the8
board from a list of nominees submitted by the Gentilly Terrace and Gardens9
Improvement Association.10
(d) The member of the Louisiana House of Representatives whose district11
encompasses all or the greater portion of the area of the district shall appoint one12
member from a list of nominees submitted by the Gentilly Terrace and Gardens13
Improvement Association.14
(e) The member of the Louisiana Senate whose district encompasses all or15
the greater portion of the area of the district shall appoint one member from a list of16
nominees submitted by the Gentilly Terrace and Gardens Improvement Association.17
(f) The member of the governing authority of the city of New Orleans whose18
council district encompasses all or the greater portion of the area of the district shall19
appoint one member from a list of nominees submitted by the Gentilly Terrace and20
Gardens Improvement Association.21
(2) All members of the board shall be residents and qualified voters of the22
district.23
(3)(a) Board members serving pursuant to Subparagraphs (1)(b) through (f)24
of this Subsection shall serve four-year terms after initial terms as follows: one25
member shall serve an initial term of one year; two shall serve two years; two shall26
serve three years; and one shall serve four years, as determined by lot.27
(b) The member serving pursuant to Subparagraph (1)(a) of this Subsection28
shall serve during his term of office as president of the Gentilly Terrace and Gardens29
Improvement Association.30 ENROLLEDHB NO. 254
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(c) Any vacancy which occurs prior to the expiration of the term for which1
a member of the board has been appointed shall be filled for the remainder of the2
unexpired term by the governing board of the Gentilly Terrace and Gardens3
Improvement Association. Board members are eligible for reappointment.4
(4) The board shall elect from its members a chairman, a vice chairman, a5
secretary, a treasurer, and such other officers as it may deem necessary. The duties6
of the officers shall be fixed by the bylaws adopted by the board.7
(5) The minute books and archives of the district shall be maintained by the8
secretary or the treasurer of the board. The monies, funds, and accounts of the9
district shall be in the official custody of the board.10
(6) The board shall adopt such rules and regulations as it deems necessary11
or advisable for conducting its business affairs. Rules and regulations of the board12
relative to the notice and conduct of meetings shall conform to applicable law,13
including laws relative to open meetings. The board shall hold regular meetings as14
shall be provided for in the bylaws and may hold special meetings at such times and15
places within the district as may be prescribed in the bylaws.16
(7) A majority of the members of the board shall constitute a quorum for the17
transaction of business. The board shall keep minutes of all meetings and shall make18
them available through the secretary of the board to residents of the district.19
(8) The members of the board shall serve without compensation but shall be20
reimbursed for their reasonable out-of-pocket expenses directly related to the21
governance of the district.22
(9) Each member of the board shall have one vote. The vote of a majority23
of the members of the board present and voting, a quorum being present, shall be24
required to decide any question upon which the board takes action.25
E. Powers and duties. The district, acting through its board, shall have the26
following powers and duties:27
(1) To sue and be sued.28
(2) To adopt, use, and alter at will a corporate seal.29 ENROLLEDHB NO. 254
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(3) To receive and expend funds collected pursuant to Subsections F and G1
of this Section and in accordance with a budget adopted as provided by Subsection2
H of this Section.3
(4) To enter into contracts with individuals or entities, private or public.4
(5) To provide or enhance security patrols in the district, to provide for5
improved lighting, signage, or matters relating to the security of the district.6
(6) To enter into contracts and agreements with one or more other districts7
for the joint security, improvement, or betterment of all participating districts.8
(7) To provide for such services and make such expenditures as the board9
deems proper for the upkeep of the district.10
(8) To acquire or lease items and supplies which the board deems11
instrumental to achieving the purposes of the district.12
(9) To procure and maintain liability insurance against any personal or legal13
liability of a board member that may be asserted or incurred based upon his service14
as a member of the board or that may arise as a result of his actions taken within the15
scope and discharge of his duties as a member of the board.16
(10) To perform or have performed any other function or activity necessary17
or appropriate to carry out the purposes of the district or for the overall betterment18
of the district.19
F. Parcel fee. The governing authority of the city of New Orleans may20
impose and collect a parcel fee within the district subject to and in accordance with21
the provisions of this Subsection:22
(1) The amount of the fee shall be as requested by duly adopted resolution23
of the board. The fee shall be a flat fee not to exceed two hundred sixty dollars per24
parcel per year for lots zoned for residential use and three hundred sixty dollars per25
parcel per year for lots zoned for commercial use.26
(2)(a) The fee shall be imposed on each parcel located within the district.27
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion28
of ground, an individual tract, or a "condominium parcel" as defined in R.S.29
9:1121.103.30 ENROLLEDHB NO. 254
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(c) The owner of each parcel shall be responsible for payment of the fee.1
(3)(a) The fee shall be imposed only after the question of its imposition has2
been approved by a majority of the registered voters of the district who vote on the3
proposition at an election held for that purpose in accordance with the Louisiana4
Election Code. The amount of the fee may be changed by duly adopted resolution5
of the board, not to exceed the maximum amount authorized by this Subsection. No6
other election shall be required except as provided by this Paragraph.7
(b) The fee shall expire on December 31, 2015, but may be renewed if8
approved by a majority of the registered voters of the district voting on the9
proposition at an election as provided in Subparagraph (a) of this Paragraph. Any10
election to authorize the renewal of the fee shall be held for that purpose in11
accordance with the Louisiana Election Code. If the fee is renewed, the term of the12
imposition of the fee shall be as provided in the proposition authorizing such13
renewal, not to exceed four years. If the fee is not renewed, the district shall cease14
to exist, and the provisions of this Section shall be null and void.15
(4) The fee shall be collected at the same time and in the same manner as ad16
valorem taxes on property subject to taxation by the city are collected.17
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city18
and shall be enforced with the same authority and subject to the same penalties and19
procedures as unpaid ad valorem taxes.20
(6)(a) The proceeds of the fee shall be used solely and exclusively for the21
purpose and benefit of the district; however, the city may retain one percent of the22
amount collected as a collection fee.23
(b) The city of New Orleans shall remit to the district all amounts collected24
not more than sixty days after collection.25
G. Additional contributions. The district may solicit and accept additional26
voluntary contributions and grants to further the purposes of the district.27
H. Budget. (1) The board of commissioners shall adopt an annual budget28
in accordance with the Local Government Budget Act, R.S. 39:1301 et seq.29 ENROLLEDHB NO. 254
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(2) The district shall be subject to audit by the legislative auditor pursuant1
to R.S. 24:513.2
I. Miscellaneous provisions. (1) It is the purpose and intent of this Section3
that any additional security patrols, public or private, or any other security or other4
services or betterments provided by the district shall be supplemental to and not be5
in lieu of personnel and services to be provided in the district by the state or the city6
of New Orleans or their departments or agencies or by other political subdivisions.7
(2) If the district ceases to exist, all funds of the district shall be transmitted8
by the board to the city of New Orleans, and such funds, together with any other9
funds collected by the city of New Orleans pursuant to this Section, shall be10
maintained in a separate account by the city and shall be used only to promote,11
encourage, and enhance the security of the area included in the district.12
J. Indemnification and exculpation. (1) The district shall indemnify its13
officers and board members to the fullest extent permitted by R.S. 12:227, as fully14
as if the district were a nonprofit corporation governed thereby, and as may be15
provided in the district's bylaws.16
(2) No board member or officer of the district shall be liable to the district17
or to any individual who resides, owns property, visits, or otherwise conducts18
business in the district for monetary damages for breach of his duties as a board19
member or officer, provided that the foregoing provision shall not eliminate or limit20
the liability of a board member or officer for any of the following:21
(a) Acts or omissions not in good faith or which involve intentional22
misconduct or a knowing violation of law.23
(b) Any transaction from which he derived an improper personal benefit.24
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.25
9:2792.1 through 2792.9, a person serving the district as a board member or officer26
shall not be individually liable for any act or omission arising out of the performance27
of his duties.28
Section 2. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 ENROLLEDHB NO. 254
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: