ENROLLED
2015 Regular Session
HOUSE BILL NO. 325
BY REPRESENTATIVE WESLEY BISHOP
1 AN ACT
2 To enact R.S. 33:9091.22, relative to Orleans Parish; to create the Faubourg Marigny
3 Security and Improvement District; to provide relative to the boundaries, purpose,
4 governance, and powers and duties of the district; to provide relative to district
5 funding, including the authority to impose a parcel fee within the district; and to
6 provide for related matters.
7 Notice of intention to introduce this Act has been published
8 as provided by Article III, Section 13 of the Constitution of
9 Louisiana.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 33:9091.22 is hereby enacted to read as follows:
12 ยง9091.22. Faubourg Marigny Security and Improvement District
13 A. Creation. There is hereby created within the parish of Orleans, as more
14 specifically provided in Subsection B of this Section, a body politic and corporate
15 which shall be known as the Faubourg Marigny Security and Improvement District,
16 referred to in this Section as the "district". The district shall be a political
17 subdivision of the state as defined in the Constitution of Louisiana.
18 B. Boundaries. The boundaries of the district shall be that area within and
19 including the following perimeter: beginning at the intersection of Esplanade Avenue
20 and North Peters Street proceeding along Esplanade Avenue (interior side) to its
21 intersection with North Rampart Street, along North Rampart (interior side) to
22 McShane Place, along McShane Place (interior side) to St. Claude Avenue, then
23 proceeding along St. Claude Avenue (interior side) to its intersection with Press
24 Street, then proceeding along Press Street (interior side) to its intersection with
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1 Chartres Street, then proceeding along Chartres Street (both sides) to its intersection
2 with St. Ferdinand Street, along St. Ferdinand Street (both sides) to its intersection
3 with North Peters Street, and along North Peters Street (both sides) back to its
4 intersection with Esplanade Avenue.
5 C. Purpose. The purpose of the district shall be to aid in crime prevention
6 by providing security for district residents and to promote quality of life initiatives
7 for district residents by funding beautification and other activities and improvements
8 for the overall betterment of the district.
9 D. Governance. (1) The district shall be governed by a board of
10 commissioners consisting of seven members as follows:
11 (a) The board of directors of the Faubourg Marigny Improvement
12 Association shall appoint three members.
13 (b) The member or members of the Louisiana House of Representatives who
14 represent the area which comprises the district shall appoint one member.
15 (c) The member or members of the Louisiana Senate who represent the area
16 which comprises the district shall appoint one member.
17 (d) The member or members of the governing authority of the city of New
18 Orleans who represent the area which comprises the district shall appoint one
19 member.
20 (e) The mayor of the city of New Orleans shall appoint one member.
21 (2) All members shall be qualified voters and residents of the district.
22 (3) Board members appointed pursuant to Subparagraph (1)(a) of this
23 Subsection shall serve two-year terms after serving initial terms as provided in this
24 Paragraph. One member shall serve an initial term of one year and two shall serve
25 initial terms of two years, as determined by lot at the first meeting of the board held
26 after such members are appointed.
27 (4) Each member serving pursuant to Subparagraphs (1)(b) through (e) of
28 this Subsection shall serve on the board during the term of his respective appointing
29 authority.
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1 (5) Any vacancy which occurs prior to the expiration of the term for which
2 a member of the board has been appointed shall be filled for the remainder of the
3 unexpired term in the same manner as the original appointment. Board members
4 shall be eligible for reappointment.
5 (6) The board shall elect from its members a chairman, a vice chairman, a
6 secretary-treasurer, and other such officers as it may deem necessary. The duties of
7 the officers shall be fixed by the bylaws adopted by the board.
8 (7) The minute books and archives of the district shall be maintained by the
9 secretary-treasurer of the board. The monies, funds, and accounts of the district shall
10 be in the official custody of the board.
11 (8) The board shall adopt such rules and regulations as it deems necessary
12 or advisable for conducting its business affairs. Rules and regulations of the board
13 relative to the notice and conduct of meetings shall conform to applicable law. The
14 board shall hold regular meetings as shall be provided for in the bylaws and may
15 hold special meetings at such times and places within the district as may be
16 prescribed in the bylaws.
17 (9) A majority of the members of the board shall constitute a quorum for the
18 transaction of business. The board shall keep minutes of all meetings and shall make
19 them available through the secretary-treasurer of the board.
20 (10) The members of the board shall serve without compensation but shall
21 be reimbursed for reasonable out-of-pocket expenses directly related to the
22 governance of the district.
23 E. Powers and duties. The district, acting through its board, shall have the
24 following powers and duties:
25 (1) To sue and be sued.
26 (2) To adopt, use, and alter at will a corporate seal.
27 (3) To receive and expend funds collected pursuant to Subsections F and G
28 of this Section and in accordance with a budget adopted as provided by Subsection
29 H of this Section.
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1 (4) To perform or have performed any other function or activity necessary
2 for the achievement of the purpose of the district.
3 (5) To provide or enhance security patrols in the district, to provide for
4 improved lighting, signage, or matters relating to the security of the district, to
5 provide for the beautification of and improvements for the district, or to provide
6 generally for the overall betterment of the district.
7 (6) To enter into contracts and agreements with one or more other districts
8 for the joint security, improvement, or betterment of all participating districts.
9 (7) To provide for such services and make such expenditures as the board
10 deems proper for the upkeep of the district.
11 (8) To acquire or lease items and supplies which the board deems
12 instrumental to achieving the purposes of the district.
13 (9) To acquire, lease, insure, and sell immovable property within the
14 boundaries of the district in accordance with district plans.
15 (10) To procure and maintain liability insurance against any personal or legal
16 liability of a board member that may be asserted or incurred based upon his service
17 as a member of the board or that may arise as a result of his actions taken within the
18 scope and discharge of his duties as a member of the board.
19 (11) To perform or have performed any other function or activity necessary
20 or appropriate to carry out the purposes of the district or for the overall betterment
21 of the district.
22 F. Parcel fee. The governing authority of the city of New Orleans may
23 impose and collect a parcel fee within the district subject to and in accordance with
24 the provisions of this Subsection.
25 (1)(a) The amount of the fee shall be as requested by duly adopted resolution
26 of the board. The fee shall be a flat fee per parcel of land not to exceed two hundred
27 dollars per year for each unimproved parcel and improved residential parcel with
28 fewer than three family units, except that the fee shall be three hundred dollars per
29 year for each improved residential parcel with three or more family units, and five
30 hundred dollars per year for each improved parcel zoned for commercial use. No fee
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1 shall be imposed upon any parcel whose owner qualifies for the special assessment
2 level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana.
3 (b) If multiple adjacent parcels are combined for the purpose of housing a
4 single family dwelling, the flat fee for the combined parcel shall be calculated to be
5 one and four tenths times the single parcel fee for two adjacent parcels and one and
6 six tenths times the single parcel fee for three or more adjacent parcels.
7 (2)(a) The fee shall be imposed on each parcel located within the district.
8 (b) For purposes of this Section, "parcel" means a lot, a subdivided portion
9 of ground, an individual tract, or a "condominium parcel" as defined in R.S.
10 9:1121.103.
11 (c) The owner of each parcel shall be responsible for payment of the fee.
12 (3)(a) The fee shall be imposed only after the question of its imposition has
13 been approved by a majority of the registered voters of the district who vote on the
14 proposition at an election held for the purpose in accordance with the Louisiana
15 Election Code.
16 (b) If approved, the initial fee shall expire on December 31, 2018, but the fee
17 may be renewed if approved by a majority of the registered voters of the district
18 voting on the proposition at an election as provided in Subparagraph (a) of this
19 Paragraph. If renewed, the term of the imposition of the fee shall be as provided in
20 the proposition authorizing such renewal, not to exceed four years.
21 (4) The fee shall be collected at the same time and in the same manner as ad
22 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 city
24 and shall be enforced with the same authority and subject to the same penalties and
25 procedures as unpaid ad valorem taxes.
26 (6)(a) The proceeds of the fee shall be used solely and exclusively for the
27 purpose and benefit of the district; however, the city may retain one percent of the
28 amount collected as a collection fee.
29 (b) The city of New Orleans shall remit to the district all amounts collected
30 not more than sixty days after collection.
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1 G. Additional contributions. The district may solicit and accept additional
2 voluntary contributions and grants to further the purposes of the district.
3 H. Budget. (1) The board shall adopt an annual budget in accordance with
4 the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.
5 (2) The district shall be subject to audit by the legislative auditor pursuant
6 to R.S. 24:513.
7 I. Miscellaneous provisions. (1) It is the purpose and intent of this Section
8 that the additional law enforcement or security personnel and their services provided
9 for through the fees authorized in this Section shall be supplemental to and not in
10 lieu of personnel and services provided in the district by the New Orleans Police
11 Department.
12 (2) If the district ceases to exist, all funds of the district shall be transmitted
13 by the board to the city of New Orleans, and such funds, together with any other
14 funds collected by the city of New Orleans pursuant to this Section, shall be
15 maintained in a separate account by the city and shall be used only to promote,
16 encourage, and enhance the security, beautification, and overall betterment of the
17 area included in the district.
18 J. Indemnification and exculpation. (1) The district shall indemnify its
19 officers and board members to the fullest extent permitted by R.S. 12:227, as fully
20 as if the district were a nonprofit corporation governed thereby, and as may be
21 provided in the district's bylaws.
22 (2) No board member or officer of the district shall be liable to the district
23 or to any individual who resides, owns property, visits, or otherwise conducts
24 business in the district for monetary damages for breach of his duties as a board
25 member or officer, provided that the foregoing provision shall not eliminate or limit
26 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 intentional
28 misconduct or a knowing violation of law.
29 (b) Any transaction from which he derived an improper personal benefit.
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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 officer
3 shall not be individually liable for any act or omission arising out of the performance
4 of his duties.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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