§ 33:9091.28 — Castle Manor Improvement District

Louisiana § 33:9091.28

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9091.28. Castle Manor Improvement 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
known as the Castle Manor Improvement District, referred to in this Section as the
"district". The district is a political subdivision of the state as defined in the
Constitution of Louisiana.
B. Boundaries. The district is comprised of all property included within the
following perimeter: Cerise Avenue, the south side of Chef Menteur Highway,
Gawain Drive, and the north side of Dwyer Road canal.
C. Purpose. The district is established for the primary objects and purposes
of promoting and encouraging the beautification and security of the district.
D. Governance. (1) 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 Castle Manor Improvement Association.
(b) The governing board of the Castle Manor Improvement Association shall
appoint two members.
(c) Each of the following shall appoint one member from a list of nominees
submitted by the Castle Manor Improvement Association:
(i) The mayor of the city of New Orleans.
(ii) The member of the Louisiana House of Representatives whose district
encompasses all or the greater portion of the area of the district.
(iii) The member of the Louisiana Senate whose district encompasses all or
the greater portion of the area of the district.
(iv) 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.
(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) and (c) of
this Subsection shall serve four-year terms after initial terms as follows: one member
shall serve an initial term of one year; two shall serve two years; two shall serve three
years; and one shall serve 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 Castle Manor Improvement
Association.
(c) Any vacancy which occurs prior to the expiration of a term shall be filled
for the remainder of the unexpired term by the governing board of the Castle Manor
Improvement Association. Board members are eligible for reappointment.
(4) The board shall elect from its members a chairman, a vice chairman, a
secretary, a treasurer, and other officers as it deems necessary. The duties of the
officers shall be fixed by the bylaws adopted by the board.
(5) The secretary or the treasurer of the board shall maintain the minute
books and archives of the district. The monies, funds, and accounts of the district
shall be in the official custody of the board.
(6) The board may adopt rules and regulations 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 and may hold special meetings at times and
places within the district as prescribed in the bylaws.
(7) A majority of the members of the board constitutes 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 reasonable out-of-pocket expenses directly related to the governance
of the district.
(9) Each member of the board has one vote. The vote of a majority of the
members of the board present and voting, a quorum being present, is 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 Subsections F and 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.
(5) To provide or enhance security patrols in the district and to provide for
improved lighting, signage, or matters relating to the security and beautification 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 services and make expenditures as the board deems proper
for the upkeep and beautification of the district.
(8) To acquire or lease items and supplies that 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 not exceed the following amounts:
(a) For parcels zoned residential, one hundred dollars per parcel per year for
the first three years that the fee is collected and one hundred twenty-five dollars per
parcel per year for the next two years of collection.
(b) For parcels zoned commercial, two hundred dollars per parcel per year
for the first three years that the fee is collected and two hundred twenty-five dollars
per parcel per year for the next two years of collection.
(2)(a) The fee shall be imposed on each parcel located within the district
except a parcel whose owner qualifies for the special assessment level pursuant to
Article VII, Section 18(G)(1) of the Constitution of Louisiana.
(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 is 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.
(b) The initial term for the imposition of the parcel fee is five years, 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 for that
purpose in accordance with the Louisiana Election Code. If the fee is renewed, the
amount of the fee shall not exceed one hundred twenty-five dollars per parcel per
year for residential parcels and two hundred twenty-five dollars per parcel per year
for commercial parcels. 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 five
years. If the fee is not renewed, the district shall cease to exist.
(4) The fee shall be collected at the same time and in the same manner as city
ad valorem taxes are collected.
(5) 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.
(6)(a) The city of New Orleans shall remit to the district all amounts
collected not more than sixty days after collection.
(b) The district shall use the proceeds of the fee 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.
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 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. (1) 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.
(2) If the district ceases to exist, the board shall transmit all district funds 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 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 provided in
the district's bylaws.
(2) No board member or officer of the district is 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, the foregoing provision 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 the board member or officer 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 held individually liable for any act or omission arising out of the
performance of his duties.

Legislative History

Acts 2024, No. 202, §1.