§ 33:9091.13 — Maple Area Residents Security Tax District

Louisiana § 33:9091.13

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9091.13. Maple Area Residents Security Tax District
A. Creation. There is hereby created within the parish of Orleans, as more
specifically provided in Subsection B of this Section, a body politic and corporate which
shall be known as the Maple Area Residents Security Tax District, referred to in this Section
as the "district". The district shall be a political subdivision of the state as defined in the
Constitution of Louisiana.
B. Boundaries. The boundaries of the district shall be that area within and including
the following perimeter streets and avenues: the middle of South Carrollton Avenue to
Willow Street, the middle of Willow Street to Audubon Street, the middle of Audubon Street
to St. Charles Avenue, the middle of St. Charles Avenue to the middle of South Carrollton
Avenue.
C. Purpose. The district is established for the purpose of promoting and encouraging
security in the area included within the district and promoting and encouraging the
beautification and overall betterment of the district.
D. Governance. (1) The district shall be governed by a nine-member board of
commissioners, referred to in this Section as the "board". The board shall be composed as
follows:
(a) The president of the Maple Area Residents, Inc., referred to in this Section as the
"association".
(b) The board of directors of the association shall appoint four members.
(c) The mayor of the city of New Orleans shall appoint one member from a list of
nominations submitted by the association.
(d) The member of the governing authority of the city of New Orleans whose council
district encompasses all or the greater portion of the area of the district shall appoint one
member from a list of nominations submitted by the association.
(e) The member of the Louisiana House of Representatives whose district
encompasses all or the greater portion of the area of the district shall appoint one member
from a list of nominations submitted by the association.
(f) The member of the Louisiana Senate whose district encompasses all or the greater
portion of the area of the district shall appoint one member from a list of nominations
submitted by the association.
(2) All members of the board shall own immovable property or be a registered voter
within the district.
(3)(a) Board members serving pursuant to Subparagraphs (1)(b) through (f) of this
Subsection shall serve four-year terms after initial terms as provided in this Subparagraph.
Two members shall serve initial terms of one year; two shall serve initial terms of two years;
two shall serve initial terms of three years; and two shall serve initial terms of four years, as
determined by lot at the first meeting of the board.
(b) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall
serve during his term of office as president of the association.
(c) Any vacancy which occurs prior to the expiration of the terms for which a
member of the board has been appointed shall be filled for the remainder of the unexpired
term in the same manner as the original appointment. Board members shall be eligible for
reappointment.
(4) The board shall elect from its members a chairman, a vice chairman, a secretary-treasurer, and such other officers as it may deem necessary. The duties of the officers shall
be fixed by the bylaws adopted by the board.
(5) The minute books and archives of the district shall be maintained by the
secretary-treasurer of the board. The monies, funds, and accounts of the district shall be in
the official custody of the board.
(6) The board shall adopt such rules and regulations as it deems necessary or
advisable for conducting its business affairs. Rules and regulations of the board relative to
the notice and conduct of meetings shall conform to applicable law, including, if applicable,
R.S. 42:11 et seq., relative to open meetings. The board shall hold regular meetings as shall
be provided for in the bylaws and may hold special meetings at such times and places within
the district as may be prescribed in the bylaws.
(7) A majority of the members of the board shall constitute a quorum for the
transaction of business. The board shall keep minutes of all meetings and shall make them
available through the secretary-treasurer of the board.
(8) Each member of the board shall have one vote, and the vote of a majority of the
members of the board present and voting, a quorum being present, shall be required to decide
any question upon which the board takes action.
(9) The members of the board shall serve without compensation but shall be
reimbursed for their reasonable out-of-pocket expenses directly related to the governance of
the district.
E. Powers and duties. The district, acting through its board, shall have the following
powers and duties:
(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 Subsection F of this Section
and in accordance with a budget adopted as provided by Subsection H of this Section.
(4) To enter into contracts with individuals or entities, private or public.
(5) To provide or enhance security patrols in the district, to provide for improved
lighting, signage, or matters relating to the security of the district, to provide for the
beautification of and improvements for the district, or to provide generally for the overall
betterment of the district.
(6) To enter into contracts and agreements with one or more other districts for the
joint security, improvement, or betterment of all participating districts.
(7) To provide for such services and make such expenditures as the board deems
proper for the upkeep of the district.
(8) To acquire or lease items and supplies which the board deems instrumental to
achieving the purposes of the district.
(9) To acquire, lease, insure, and sell immovable property within the boundaries of
the district in accordance with district plans.
(10) To procure and maintain liability insurance against any personal or legal liability
of a board member that may be asserted or incurred based upon his service as a member of
the board or that may arise as a result of his actions taken within the scope and discharge of
his duties as a member of the board.
(11) To perform or have performed any other function or activity necessary or
appropriate to carry out the purposes of the district or for the overall betterment of the
district.
F. Parcel fee. (1) The governing authority of the city of New Orleans is hereby
authorized to impose and collect a parcel fee within the district subject to and in accordance
with the provisions of this Subsection.
(2) The amount of the fee shall be as requested by duly adopted resolution of the
board. The fee shall be a flat fee per improved parcel of land not to exceed four hundred
dollars per year for each improved parcel for calendar year 2009; however, the maximum
shall be increased twenty-five dollars per year for each calendar year after 2009.
(3) The fee shall be imposed on each improved parcel located within the district
except as provided in Paragraph (5) of this Subsection.
(a) For purposes of this Section, "parcel" means a lot, a subdivided portion of
ground, an individual tract, or a "condominium parcel" as defined in R.S. 9:1121.103.
(b) The owner of each parcel shall be responsible for payment of the fee.
(4)(a) The fee shall be imposed only after the question of its imposition has been
approved by a majority of the registered voters of the district who vote on the proposition at
an election held for that purpose in accordance with the Louisiana Election Code. The
amount of the fee may be changed by duly adopted resolution of the board, not to exceed the
maximum amount authorized as provided in this Subsection. No other election shall be
required except as provided by this Paragraph.
(b) The initial election on the question of the imposition of the fee shall be held at
the same time as a regularly scheduled election in the city of New Orleans.
(c) If approved, the fee shall expire on December 31, 2014, but the fee may be
renewed if approved by a majority of the registered voters of the district voting on the
proposition at an election as provided in Subparagraph (a) of this Paragraph. Any election
to authorize the renewal of the fee shall be held only at the same time as the mayoral primary
election for the city of New Orleans. If the fee is renewed, the term of the imposition of the
fee shall be as provided in the proposition authorizing such renewal, not to exceed eight
years.
(5) No fee shall be imposed upon any parcel whose owner qualified for the special
assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana.
(6) The fee shall be collected at the same time and in the same manner as ad valorem
taxes on property subject to taxation by the city are collected.
(7) Any parcel fee which is unpaid shall be added to the tax rolls of the city and shall
be enforced with the same authority and subject to the same penalties and procedures as
unpaid ad valorem taxes.
(8)(a) The proceeds of the fee shall be used solely and exclusively for the purpose
and benefit of the district; however, the city may retain one percent of the amount collected
as a collection fee.
(b) The city of New Orleans shall remit to the district all amounts collected not more
than sixty days after collection.
G. Additional contributions. The district is authorized to solicit and accept
additional voluntary contributions and grants to further the purposes of the district.
H. Budget. (1) The board shall adopt an annual budget in accordance with the Local
Government Budget Act, R.S. 39:1301 et seq.
(2) The district shall be subject to audit by the legislative auditor pursuant to R.S.
24:513.
I. Miscellaneous. It is the purpose and intent of this Section that any additional
security patrols, public or private, or any other security or other services or betterments
provided by the district shall be supplemental to and not be in lieu of personnel and services
to be provided in the district by the state or the city of New Orleans or its departments or
agencies or by other political subdivisions.
J. Dissolution. (1) The district may be dissolved without the vote of the registered
voters of the district if a majority of the area covered by the district becomes included in
another district that serves similar purposes but includes additional parcels of property
adjacent to the district, if approved by the affirmative vote of not less than five members of
the board. If the district is dissolved in accordance with this Paragraph, the funds of the
district that relate to the portion of the district that is included in the new district, together
with any other funds collected by the city of New Orleans pursuant to this Section that relate
to such portion of the district, shall be transferred to the new district to be used for purposes
of the new district. The remaining portion of funds, if any, shall be transmitted by the board
to the city of New Orleans and such funds shall be used only for law enforcement, security,
improvement, and beautification purposes of the area that was formerly within the district
but is not included in the new district.
(2) If the district is dissolved pursuant to Paragraph (1) of this Subsection, the
authority for the imposition of the parcel fee provided in Subsection F of this Section shall
cease.
K. Indemnification and exculpation. (1) The district shall indemnify its officers and
board members to the fullest extent permitted by R.S. 12:227, as fully as if the district were
a nonprofit corporation governed thereby, and as may be provided in the district's bylaws.
(2) No board member or officer of the district 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 his duties as a board member or officer, provided that
the foregoing provision shall not eliminate or limit the liability of a board member or officer
for any of the following:
(a) Acts or omissions not in good faith or which involve intentional misconduct or
a knowing violation of law.
(b) Any transaction from which he derived an improper personal benefit.
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S. 9:2792.1
through 2792.9, a person serving the district as a board member or officer shall not be
individually liable for any act or omission arising out of the performance of his duties.

Legislative History

Acts 2008, No. 866, §1, eff. July 9, 2008.