§ 33:9091.27 — Bouligny Improvement District in Orleans Parish

Louisiana § 33:9091.27

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9091.27. Bouligny Improvement District in Orleans Parish
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 Bouligny Improvement 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 encompass the area included
within the following perimeter: Upperline Street (both sides) to Prytania Street (river side
only) to Napoleon Avenue (upper side only) to Tchoupitoulas Street (both sides) and back
to Upperline Street. All municipal numbers on Prytania Street and Napoleon Avenue are
excluded from this district.
C. Purpose. The district is established for the primary object and purpose of
promoting and encouraging security in the area included within the district.
D. Governance. (1) In order to provide for the orderly development of the district
and effectuation of the services to be furnished by the district and to provide for the
representation in the affairs of the district of those persons and interests immediately
concerned with and affected by security in the area, the district shall be managed by a
seven-member board of commissioners, referred to in this Section as the "board". The board
shall be composed as follows:
(a) The president of the Bouligny Improvement Association or its successor, referred
to in this Section as the "association".
(b) The board of directors of the association shall appoint two 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 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.
(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 nominations
submitted by the 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 nominations submitted by the association.
(2) All members of the board shall be residents 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 four years; two shall serve an initial term of three
years; one shall serve an initial term of two years; and one shall serve an initial term of one
year, 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 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.
(4) The board shall elect from its members a president, a vice president, 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
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. It 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 may be
reimbursed for out-of-pocket expenses.
E. Powers and duties. The district, acting through its board of commissioners, 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 G 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 for the
provision of security patrols in the district. The district, through the board, may contract with
the New Orleans Police Department or with a private security company for the provision of
security patrols in the district.
(5) To purchase items or supplies which the board deems instrumental in achieving
the purpose of the district.
(6) To perform or have performed any other function or activity necessary for the
achievement of the purpose of the district.
(7) To acquire, lease, insure, and sell immovable property within its boundaries in
accordance with district plans.
F. Plan. (1) The board shall prepare or cause to be prepared a plan or plans, such
plan or plans, referred to collectively in this Section as the "plan", specifying the public
improvements, facilities, and services proposed to be furnished, constructed, or acquired for
the district. The board shall conduct such hearings, publish such notice with respect thereto,
and disseminate such information as it, in the exercise of its sound discretion, may deem to
be appropriate or advisable and in the public interest.
(2) Any plan shall include:
(a) An estimate of the annual and aggregate cost of acquiring, constructing, or
providing the services, improvements, or facilities set forth therein.
(b) An estimate of the aggregate number of mills or fees required to be levied in each
year on the taxable immovable property within the district in order to provide the funds
required for the implementation or effectuation of the plan for furnishing the services
specified and for capital improvements, or both.
G. Taxing authority. (1)(a) The governing authority of the city of New Orleans may
levy and collect, as authorized by the district and as specifically provided for in this Section,
for a term not to exceed eight years, in the same manner and at the same time as all other ad
valorem taxes on property subject to taxation by the city are levied and collected, a special
ad valorem tax not to exceed twenty mills or fees upon all taxable immovable property
situated within the boundaries of the district. A tax or fee authorized by this Subsection shall
be levied and collected only after the question of its imposition has been submitted to and
approved by a majority of the registered voters of the district voting on the question at a
regularly scheduled election to be conducted in accordance with provisions of the Louisiana
Election Code. The amount of the tax or fee shall be as requested by duly adopted resolution
of the board.
(b) The tax or fee may be renewed subject to the provisions of Subparagraph (a) of
this Paragraph.
(2) No fee shall be imposed upon any parcel whose owner qualifies for and receives
the special assessment level provided by Article VII, Section 18(G)(1) of the Constitution
of Louisiana.
(3) The proceeds of a tax or 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. The city of New Orleans shall remit to the district all amounts collected
not more than sixty days after collection.
H. Budget. (1) The board of commissioners 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. It is the purpose and intent of this Section that any additional
security patrols, public or private, provided by the district shall be supplemental to and not
in lieu of personnel and services provided in the district by the New Orleans Police
Department.

Legislative History

Acts 2022, No, 105, §1, eff. May 25, 2022.