§ 33:9091.20 — North Kenilworth Improvement and Security District

Louisiana § 33:9091.20

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9091.20. North Kenilworth Improvement and Security 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 North Kenilworth Improvement and Security 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 included within the
following perimeter: beginning at the intersection of Morrison Road and Malvern Drive,
north along Malvern Drive to its intersection with the south side of Curran Boulevard, then
east along the south side of Curran Boulevard to its intersection with Afton Drive, then south
along Afton Drive to its intersection with Aberdeen Road, then west along Aberdeen Road
to its intersection with Dartmoor Drive, then south along Dartmoor Drive to its intersection
with Morrison Road, then west along Morrison Road to the point of beginning.
C. Purpose. The district is established for the primary object and purpose of
promoting and encouraging the beautification, security, and overall betterment of the district.
D. Governance. (1) The district shall be managed 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 North Kenilworth Homeowners Association.
(b) The board of directors of the North Kenilworth Homeowners Association shall
appoint four members.
(c) The mayor of the city of New Orleans shall appoint one member to the board
from a list of nominees submitted by the North Kenilworth Homeowners Association.
(d) 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 nominees submitted by the North Kenilworth Homeowners Association.
(e) 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 nominees submitted
by the North Kenilworth Homeowners Association.
(f) 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 nominees submitted by the North Kenilworth Homeowners
Association.
(2) All members of the board shall be residents and qualified voters of 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 an initial term of one year; two shall serve an initial term of two
years; two shall serve an initial term of three years; and two shall serve an initial term of four
years, as determined by lot.
(b) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall
serve during his term of office as president of the North Kenilworth Homeowners
Association.
(c) Any vacancy which occurs prior to the expiration of the term 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,
a 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
or the 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 laws 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 of the board to residents of the district.
(8) 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.
(9) Each member of the board shall have one vote. 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.
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
improvements of 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 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.
(10) 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. The governing authority of the city of New Orleans may impose and
collect a parcel fee within the district subject to and in accordance with the provisions of this
Subsection:
(1) The amount of the fee shall be as requested by duly adopted resolution of the
board. The fee shall be a flat fee per parcel of land. The fee shall not exceed five hundred
dollars per year.
(2)(a) The fee shall be imposed on each parcel located within the district except as
provided in Paragraph (4) of this Subsection.
(b) 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.
(c) The owner of each parcel shall be responsible for payment of the fee.
(3)(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 as provided in this Subsection. No other election shall be required except
as provided by this Paragraph.
(b) The fee shall expire eight years after its initial levy but 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 for that purpose in accordance with the Louisiana Election
Code. 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.
(4) No fee shall be imposed upon any parcel whose owner qualifies for the special
assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana.
(5) 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.
(6) 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.
(7)(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 of commissioners 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 provisions. 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 their
departments or agencies or by other political subdivisions.
J. 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; however, this
Paragraph does 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.
NOTE: See Acts 2019, No. 63, §§2 and 3 regarding the terms of board members and
the parcel fee being imposed on June 3, 2019.

Legislative History

Acts 2012, No. 575, §1, eff. June 7, 2012.