Louisiana Revised Statutes 33:9091.27 – Bouligny Improvement District in Orleans Parish
Terms Used In Louisiana Revised Statutes 33:9091.27
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Quorum: The number of legislators that must be present to do business.
- 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 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, 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. 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.
Acts 2022, No, 105, §1, eff. May 25, 2022.