§ 33:9091.26 — Vista Park Crime Prevention District

Louisiana § 33:9091.26

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9091.26. Vista Park Crime Prevention 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 Vista Park Crime Prevention District, hereinafter 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: Robert E Lee Boulevard, Fillmore Avenue, London Avenue Canal,
and Paris Avenue.
C. Purpose. The district is established for the objects 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 five-member board of
commissioners, referred to in this Section as the "board". The board shall be composed as
follows:
(a) The board of directors of the Vista Park Civic and Improvement Association shall
appoint three members.
(b) 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.
(c) 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.
(2) All members of the board shall be residents and qualified voters of the district.
(3)(a) Board members shall serve four-year terms after initial terms as provided in
this Subparagraph. Two members shall serve initial terms of one year; one shall serve an
initial term of two years; one shall serve an initial term of three years; and one shall serve an
initial term of four years, as determined by lot at the first meeting of the board.
(b) 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 may be reappointed.
(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
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
provided for in the bylaws and may hold special meetings at such times and places within the
district as 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) 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 arrangements with one or more other security and
improvement districts for the joint security, improvement, or betterment of all participating
districts.
(7) To contract for such services and expenditures as the board deems proper for the
upkeep of the district.
(8) To acquire or lease items and supplies which the board deems useful 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. 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.
(1)(a) The amount of the fee shall be as requested by duly adopted resolution of the
board. The fee shall be imposed on each improved or unimproved parcel located within the
district. The fee shall be a flat fee per parcel per year not to exceed four hundred dollars for
unimproved parcels zoned residential, four hundred dollars for improved single-family
parcels zoned residential, one thousand dollars for improved multi-family parcels zoned
residential, and one thousand dollars for unimproved and improved parcels zoned
commercial.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, if multiple
adjacent residential parcels are combined for the purpose of housing a single-family
dwelling, the flat fee for the combined parcel shall not exceed six hundred dollars per year.
(2)(a) For purposes of this Section, "parcel" means a lot, a subdivided portion of
ground, or an individual tract.
(b) The owner of each parcel shall be responsible for payment of the fee.
(3) The fee shall be imposed only after its imposition has been approved by a
majority of the registered voters of the district voting on the proposition at an election held
for that purpose in accordance with the Louisiana Election Code.
(4) The term of the imposition of the fee shall be as provided in the proposition
authorizing the fee, not to exceed eight years. The fee may be renewed if the renewal is
approved by the voters in the manner provided in Paragraph (3) of this Subsection. If
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) 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 may 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
Louisiana 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. (1) It is the purpose and intent of this Section that the
additional law enforcement or security personnel and their services provided for through the
fees authorized in this Section shall be supplemental to and not in lieu of personnel and
services provided in the district by the New Orleans Police Department.
(2) If the district ceases to exist, all funds of the district shall be transmitted by the
board to the city of New Orleans, and such funds, together with any other funds collected by
the city of New Orleans pursuant to this Section, shall be maintained in a separate account
by the city and shall be used only to promote, encourage, and enhance the security,
beautification, and overall betterment of the area included in the district.
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, 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 2021, No. 201, §1, eff. June 11, 2021.