§ 33:9091.3 — The Audubon Area Security District

Louisiana § 33:9091.3

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9091.3. The Audubon Area 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 Audubon Area 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 lying within the
following perimeter: Exposition Boulevard to St. Charles Avenue to Arabella Street to Hurst
Street to Nashville Avenue to Prytania Street and back to Exposition Boulevard.
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 Audubon Area Zoning Association, referred to in this
Section as the "association", shall be a member or he may designate a member of the board
of directors of the association to serve as a member
(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 to the board
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 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 held after July 9, 2008.
(b) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall
serve during his term of office.
(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-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 to members 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 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 real property within the boundaries of the
district.
(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) 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
fifty dollars per year for each parcel for calendar year 2019; however, the maximum fee
amount may be increased by twenty-five dollars per year for each calendar year after 2019.
(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 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) The fee shall be levied beginning on January 1, 2019. The fee shall expire at the
end of the term provided for in the proposition authorizing the fee, not to exceed ten years,
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 at the same time as a regularly
scheduled election in 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.
(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 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. 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. Merger and dissolution. (1) A majority of the area covered by the district may be
merged with the majority of the area covered by another district that serves similar purposes
without the vote of the registered voters of the district, if such merger is approved by
resolution of the board of each such district by the affirmative vote of not less than five
members of each respective board. Such merger may create a new district comprised of the
majority of the area of each district or provide that the merged portion of one district shall
become a part of the other district. If the merger creates a new district, the resolution of each
board shall also provide for the dissolution of the respective district. If the merger merges
a part of one district into another district, the resolution of the district of which part is being
merged into another district shall also provide for the dissolution of the district. Such
resolutions shall provide for the effective date of the merger and the dissolution of the district
or districts. If a major portion of the area of a district is merged into a new district or into
another district 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 or the other district, as the case may
be, together with any other funds that relate to such portion of the district that are collected
by the city of New Orleans pursuant to law relative to the district, shall be transferred to the
new or other district to be used for purposes of such 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 merged district.
(2) The legal authority for any district created by merger or for the merger of a part
of a district into an existing district, as authorized by Paragraph (1) of this Subsection, shall
terminate sixty days after the next regularly scheduled mayoral primary election after such
merger is effective unless such merger is approved by a majority of the voters of the merged
district voting on the proposition at a regularly scheduled election prior to such termination
date.
(3) If a part of a district is merged pursuant to Paragraph (1) of this Subsection, the
authority for the imposition of the parcel fee provided in Subsection F of this Section shall
continue but shall be applicable only to that portion of the merged district contained in the
district created by this Section. The authority for the imposition of the parcel fee in any other
portion of the merged district shall be governed by the provisions applicable to the
imposition of such fee in the other district with which or into which a part of the district
created by this Section is merged.
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.
NOTE: See Acts 2017, No. 152, §2, regarding parcel fee previously authorized by
voters.

Legislative History

Acts 2002, 1st Ex. Sess., No. 40, §1, eff. April 18, 2002; Acts 2008, No. 833, §1, eff. July 9, 2008; Acts 2017, No. 152, §1, eff. June 12, 2017.