Louisiana Revised Statutes 33:9091.25 – Delachaise Security and Improvement District
Terms Used In Louisiana Revised Statutes 33:9091.25
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Quorum: The number of legislators that must be present to do business.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
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 Delachaise Security and 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 be that area within and including the following perimeter: beginning at the intersection of Louisiana Ave. and Carondelet St. and proceeding along Carondelet St. (interior side) to its intersection with Napoleon Ave., along Napoleon Ave. (interior side) to its intersection with Freret St., then along Freret St. (interior side) to its intersection with Louisiana Ave., and finally along Louisiana Ave. (interior side) back to its intersection with Carondelet St.
C. Purpose. The purpose of the district shall be to aid in crime prevention by providing security for district residents and to serve the needs of the residents of the district by funding other activities and improvements for the overall betterment of the district.
D. Governance. (1) The district shall be governed by a board of commissioners, referred to in this Section as the “board”, consisting of five members, all of whom shall be qualified voters and residents of the district, composed as follows:
(a) The president of the Delachaise Neighborhood Association, referred to in this Section as the “DNA”.
(b) The governing board of the DNA shall appoint three members who may be members of the governing board.
(c) The member of the governing authority of the city of New Orleans who represents Council District B shall appoint one member.
(2)(a) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall serve during his term of office.
(b) The members appointed pursuant to Subparagraph (1)(b) of this Subsection shall serve two-year terms after initial terms as provided in this Subparagraph. One member shall serve an initial term of one year, and two members shall serve an initial term of two years, as determined by lot at the first meeting of the board.
(c) The member appointed pursuant to Subparagraph (1)(c) of this Subsection shall serve a term concurrent with the appointing authority.
(3) 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, the Open Meetings Law. 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.
(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.
E. Powers and duties. The district, acting through the 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 perform or have performed any other function or activity necessary for the achievement of the purpose of the district.
(5) To enter into contracts with individuals or entities, private or public.
(6) 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; and to provide generally for the overall betterment of the district.
(7) To enter into contracts and agreements with one or more other districts for the joint security, improvement, or betterment of all participating districts.
(8) To provide for such services and make such expenditures as the board deems proper for the upkeep of the district.
(9) To acquire or lease items and supplies which the board deems instrumental to achieving the purposes of the district.
(10) To acquire, lease, insure, and sell real property within the boundaries of the district in accordance with district plans.
(11) 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.
(12) 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. For each residential parcel which is unimproved or contains a single-family dwelling, the fee shall be a flat fee not to exceed three hundred fifty dollars. For each residential parcel which contains two to four dwelling units, the fee shall be a flat fee not to exceed four hundred dollars. For each residential parcel which contains five or more dwelling units, the fee shall be a flat fee not to exceed one thousand dollars. For each unimproved and improved parcel zoned for commercial use, the fee shall be a flat fee not to exceed five hundred dollars.
(2)(a) The fee shall be imposed on each parcel located within the district.
(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 La. Rev. Stat. 9:1121.103.
(c) The owner of each parcel shall be responsible for payment of the fee.
(d) Notwithstanding the provisions of Paragraph (1) of this Subsection, if multiple adjacent parcels are combined for the purpose of housing a single-family dwelling, the flat fee for the combined parcel shall be calculated to be one and four tenths times the single parcel fee for two adjacent parcels and one and six tenths times the single parcel fee for three or more adjacent parcels.
(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)(i) If approved, the fee shall expire at the end of the term provided for in the proposition authorizing the fee, not to exceed 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. If renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing the renewal, not to exceed five years.
(ii) The amount of the fee may be changed by duly adopted resolution of the board, not to exceed the maximum amount authorized by this Subsection. No other election shall be required for a change in the amount of the fee.
(4) No fee shall be imposed upon any parcel whose owner qualifies under the Louisiana Special Assessment Level pursuant to 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, La. Rev. Stat. 39:1301 et seq.
(2) The district shall be subject to audit by the legislative auditor pursuant to La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 9:2792 et seq., including La. Rev. Stat. 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.
Acts 2018, No. 311, §1, eff. May 15, 2018; Acts 2022, No. 317, §1; Acts 2023, No. 269, §1, eff. June 9, 2023.