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Regular Session, 2012
HOUSE BILL NO. 336
BY REPRESENTATIVE LEGER
DISTRICTS/CRIME PREVENT: Creates the Upper Marlyville Security District within
Orleans Parish
AN ACT1
To enact R.S. 33:9091.19, relative to Orleans Parish; to create the Upper Marlyville Security2
District within the parish; to provide relative to the purpose, governance, and powers3
and duties of the district; to provide for the imposition of a parcel fee and for the use4
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. Upper Marlyville 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 Upper Marlyville Security District, referred to in this14
Section as the "district". The district shall be a political subdivision of the state as15
defined in the Constitution of Louisiana.16
B. Boundaries. The boundaries of the district shall be that area included17
within the following perimeter: beginning at the intersection of Vendome Place and18
Dart Street, then west along Dart Street to its intersection with State Street Drive,19
then south along State Street Drive to its intersection with Walmsley Avenue, then20 HLS 12RS-382 ORIGINAL
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west along Walmsley Avenue, to its intersection with Broadway Street, then south1
along Broadway Street to its intersection with Fontainebleu Drive, then east along2
Fontainebleu Drive to its intersection with Vendome Place, then north along3
Vendome Place to the point of beginning.4
C. Purpose. The purpose of the district shall be to aid in crime prevention5
and reduction by providing additional security for district residents.6
D. Governance. (1) The district shall be managed by a five-member board7
of commissioners, referred to in this Section as the "board". The board shall be8
composed as follows:9
(a) The president of the Claiborne-University Neighborhood Association.10
(b) The board of directors of the Claiborne-University Neighborhood11
Association shall appoint one member.12
(c) 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 Claiborne-University15
Neighborhood Association.16
(d) 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 Claiborne-University Neighborhood Association.19
(e) 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 Claiborne-University22
Neighborhood Association.23
(2) All members of the board shall be residents of the district.24
(3)(a) Board members serving pursuant to Subparagraphs (1)(b) through (e)25
of this Subsection shall serve four-year terms after initial terms as follows: one26
member shall serve an initial term of one year; one shall serve an initial term of two27
years; one shall serve an initial term of three years; and one shall serve an initial term28
of four years, as determined by lot.29 HLS 12RS-382 ORIGINAL
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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 Claiborne-University2
Neighborhood 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 in the same manner as the original appointment. Board members6
shall be 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 the district12
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 majority of26
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-382 ORIGINAL
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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 Subsection F of this5
Section and in accordance with a budget adopted as provided by Subsection H of this6
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, to10
provide for the improvements of the district, or to provide generally for the overall11
betterment of the district.12
(6) To enter into contracts and agreements with one or more other districts13
for the joint security, improvement, or betterment of all participating districts.14
(7) To provide for such services and make such expenditures as the board15
deems proper for the upkeep of the district.16
(8) To acquire or lease items and supplies which the board deems17
instrumental to achieving the purposes of the district.18
(9) To procure and maintain liability insurance against any personal or legal19
liability of a board member that may be asserted or incurred based upon his service20
as a member of the board or that may arise as a result of his actions taken within the21
scope and discharge of his duties as a member of the board.22
(10) To perform or have performed any other function or activity necessary23
or appropriate to carry out the purposes of the district or for the overall betterment24
of the district.25
F. Parcel fee. The governing authority of the city of New Orleans may26
impose and collect a parcel fee within the district subject to and in accordance with27
the provisions of this Subsection:28 HLS 12RS-382 ORIGINAL
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(1) The amount of the fee shall be as requested by duly adopted resolution1
of the board. The fee shall be a flat fee per parcel of land. The fee shall not exceed2
four hundred dollars per year.3
(2)(a) The fee shall be imposed on each parcel located within the district4
except as provided in Paragraph (4) of this Subsection.5
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion6
of ground, an individual tract, or a "condominium parcel" as defined in R.S.7
9:1121.103.8
(c) The owner of each parcel shall be responsible for payment of the fee.9
(3)(a) The fee shall be imposed only after the question of its imposition has10
been approved by a majority of the registered voters of the district who vote on the11
proposition at an election held for that purpose in accordance with the Louisiana12
Election Code. The amount of the fee may be changed by duly adopted resolution13
of the board, not to exceed the maximum amount authorized as provided in this14
Subsection. No other election shall be required except as provided by this Paragraph.15
(b) The fee shall expire four years after its initial levy but may be renewed16
if approved by a majority of the registered voters of the district voting on the17
proposition at an election as provided in Subparagraph (a) of this Paragraph. Any18
election to authorize the renewal of the fee shall be held for that purpose in19
accordance with the Louisiana Election Code. If the fee is renewed, the term of the20
imposition of the fee shall be as provided in the proposition authorizing such21
renewal, not to exceed four years.22
(4) No fee shall be imposed upon any parcel whose owner qualifies for the23
special assessment level provided by Article VII, Section 18(G)(1) of the24
Constitution of Louisiana.25
(5) The fee shall be collected at the same time and in the same manner as ad26
valorem taxes on property subject to taxation by the city are collected.27 HLS 12RS-382 ORIGINAL
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(6) Any parcel fee which is unpaid shall be added to the tax rolls of the city1
and shall be enforced with the same authority and subject to the same penalties and2
procedures as unpaid ad valorem taxes.3
(7)(a) The proceeds of the fee shall be used solely and exclusively for the4
purpose and benefit of the district; however, the city may retain one percent of the5
amount collected as a collection fee.6
(b) The city of New Orleans shall remit to the district all amounts collected7
not more than sixty days after collection.8
G. Additional contributions. The district is authorized to solicit and accept9
additional, voluntary contributions and grants to further the purposes of the district.10
H. Budget. (1) The board of commissioners shall adopt an annual budget in11
accordance with the Local Government Budget Act, R.S. 39:1301 et seq.12
(2) The district shall be subject to audit by the legislative auditor pursuant13
to R.S. 24:513.14
I. Miscellaneous provisions. It is the purpose and intent of this Section that15
any additional security patrols, public or private, or any other security or other16
services or betterments provided by the district shall be supplemental to and not be17
in lieu of personnel and services to be provided in the district by the state or the city18
of New Orleans or their departments or agencies or by other political subdivisions.19
J. Indemnification and exculpation. (1) The district shall indemnify its20
officers and board members to the fullest extent permitted by R.S. 12:227, as fully21
as if the district were a nonprofit corporation governed thereby, and as may be22
provided in the district's bylaws.23
(2) No board member or officer of the district shall be liable to the district24
or to any individual who resides, owns property, visits, or otherwise conducts25
business in the district for monetary damages for breach of his duties as a board26
member or officer, provided that the foregoing provision shall not eliminate or limit27
the liability of a board member or officer for any of the following:28 HLS 12RS-382 ORIGINAL
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(a) Acts or omissions not in good faith or which involve intentional1
misconduct or a knowing violation of law.2
(b) Any transaction from which he derived an improper personal benefit.3
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.4
9:2792.1 through 2792.9, a person serving the district as a board member or officer5
shall not be individually liable for any act or omission arising out of the performance6
of his duties.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
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)]
Leger HB No. 336
Abstract: Creates the Upper Marlyville Security District in Orleans Parish for the purpose
of aiding in crime prevention and reduction by providing additional security for
district residents. Provides for a board of commissioners and for the imposition and
use of a parcel fee.
Proposed law creates the Upper Marlyville Security District in Orleans Parish as a political
subdivision of the state for the purpose of aiding in crime prevention and reduction by
providing additional security for district residents. Provides for district boundaries and that
the district shall be governed by a board of five commissioners, all of whom shall be
residents of the district, composed as follows:
(1)The president of Claiborne-University Neighborhood Association (association).
(2)One member appointed by the association's governing board.
(3)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.
(4)One member appointed by the member of the La. Senate whose district encompasses
all or the greater portion of the district's area.
(5)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. HLS 12RS-382 ORIGINAL
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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. Provides that
vacancies shall be filled in the same manner as the original appointment and that members
shall serve without compensation.
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.
(5)To purchase 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 per parcel and shall not to
exceed $400 per year. Defines a 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 four years from its initial levy, 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.
Proposed law provides that the fee shall be collected in the same manner and at the same
time as ad valorem taxes and that any unpaid fee shall 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 provides that fee proceeds shall 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 state, the city, or any other political subdivision.
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 HLS 12RS-382 ORIGINAL
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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)