Louisiana Revised Statutes 33:9091.14 – Mid-City Security District
Terms Used In Louisiana Revised Statutes 33:9091.14
- 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 Mid-City 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 within and including the following perimeter: Tulane Avenue (both sides), Interstate 10 (interior side), City Park Avenue (interior side), West Moss Street (interior side), Orleans Avenue (both sides), and North Broad Street and South Broad Street (both sides).
C. Purpose. The district is established for the purpose of promoting and encouraging security in the area included within the district.
D. Governance. (1) The district shall be governed by a seven-member board of commissioners, referred to in this Section as the “board”. The board shall be composed as follows:
(a) The Mid-City Neighborhood Organization or its successor shall appoint four members.
(b) The City Park Neighborhood Association or its successor shall appoint three members.
(2) All members appointed pursuant to Paragraphs (1) and (4) of this Subsection shall be qualified voters and residents of the district.
(3) Board members appointed pursuant to Paragraph (1) of this Subsection shall serve three-year terms.
(4)(a) 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. If the appointing authority responsible for the appointment of a member fails to fill a vacancy within thirty days, the remaining members of the board shall appoint an interim successor to serve until the position is filled by the appointing authority.
(b) Board members shall be eligible for reappointment; however, board members shall serve for no more than two consecutive three-year terms. A board member shall be eligible for reappointment to the commission two years from the date of expiration of his second term.
(5) The board shall elect from its members a chairman, a vice chairman, a secretary, a treasurer, and such other officers as it may deem necessary. The offices of secretary and treasurer may be held by the same person. The duties of the officers shall be fixed by the bylaws adopted by the board.
(6) 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.
(7) 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, La. Rev. Stat. 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.
(8) 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.
(9) 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 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 G 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 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 in accordance with district plans.
(10) To perform or have performed any other function or activity necessary or appropriate to carry out the purposes 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. For each residential parcel which is unimproved or contains a single-family dwelling, condominium, townhouse, or two-family dwellings, the fee shall be a flat fee not to exceed two hundred fifty dollars per year. For each residential parcel which contains three- or four-family dwellings, the fee shall be a flat fee not to exceed three hundred dollars per year. For each residential parcel which contains five to nine rental units, the fee shall be a flat fee not to exceed six hundred dollars per year. For each residential parcel which contains ten to nineteen rental units, the fee shall be a flat fee not to exceed one thousand dollars per year. For each residential parcel which contains twenty to thirty-nine rental units, the fee shall be a flat fee not to exceed two thousand dollars per year. For each residential parcel which contains forty or more rental units, the fee shall be a flat fee not to exceed four thousand dollars per year. For residential parcels subject to a special assessment level pursuant to La. Const. Art. VII, § 18(G) , the fee shall be a flat fee per parcel of land not to exceed one hundred fifty dollars per year. For commercial parcels, the fee shall be a flat fee per parcel of land not to exceed five hundred dollars per year. For the purposes of this Section, any parcel used for both commercial and residential purposes shall be considered commercial if it is comprised of fewer than four residential units and residential if it is comprised of four or more residential units.
(2) The fee shall be imposed on each parcel located within the district.
(a) 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.
(b) 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 by this Subsection. No other election shall be required except as provided by this Paragraph.
(b) Repealed by Acts 2023, No. 162, §2, eff. June 7, 2023.
(c) If approved, the fee shall expire at the end of the term provided for in the proposition authorizing the fee, not to exceed eight 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 term of the imposition of the fee shall be as provided in the proposition authorizing the renewal, not to exceed eight years.
(4)(a) 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, except that properties exempt from ad valorem taxation pursuant to La. Const. Art. VII, § 21 shall not be exempt from the parcel fee imposed pursuant to this Section.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, no parcel fee shall be imposed on property exempt from ad valorem taxation pursuant to La. Const. Art. VII, § 21(A) or (B) .
(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 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. 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.
H. Miscellaneous. (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, 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 of the area included in the district.
Acts 2008, No. 925, §1, eff. July 15, 2008; Acts 2014, No. 767, §1, eff. June 19, 2014; Acts 2022, No. 346, §1, eff. June 10, 2022; Acts 2023, No. 162, §§1, 2, eff. June 7, 2023.