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ACT No. 1212026 Regular Session
HOUSE BILL NO. 120
BY REPRESENTATIVES BOYD, FREEMAN, DANA HENRY, TERRY LANDRY,
LARVADAIN, LYONS, MURRAY, NEWELL, RISER, TAYLOR, AND
WALTERS
1 AN ACT
2 To enact R.S. 33:9091.30, relative to Orleans Parish; to create the Real Timbers Crime
3 Prevention and Improvement District; to provide relative to the boundaries, purpose,
4 governance, and powers and duties of the district; to provide for district funding; to
5 provide for effectiveness; and to provide for related matters.
6 Notice of intention to introduce this Act has been published
7 as provided by Article III, Section 13 of the Constitution of
8 Louisiana.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 33:9091.30 is hereby enacted to read as follows:
11 §9091.30. Real Timbers Crime Prevention and Improvement District
12 A. There is hereby created within the parish of Orleans, as more specifically
13 provided in Subsection B of this Section, a body politic and corporate known as the
14 Real Timbers Crime Prevention and Improvement District, referred to in this Section
15 as the "district". The district is a political subdivision of the state as defined in the
16 Constitution of Louisiana.
17 B. The district is comprised of the area included within the following
18 perimeter: Iowa Street, Amazon Street, Delaware Street, Memorial Park Drive,
19 Kansas Street, and Hudson Street.
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1 C. The district is established for the primary object and purpose of promoting
2 and encouraging the beautification, security, and overall betterment of the district.
3 D.(1) The district shall be governed by a seven-member board of
4 commissioners, referred to in this Section as the "board", composed as follows:
5 (a) The president, secretary, treasurer, and parliamentarian of the Real
6 Timbers Homeowners Association, referred to in this Section as the "association".
7 (b) The association shall appoint three members who shall be residents of the
8 district.
9 (2)(a) The members appointed pursuant to Subparagraph (1)(b) of this
10 Subsection shall serve five-year terms after initial terms as provided in this
11 Subparagraph. One member shall serve an initial term of three years; one shall serve
12 four years; and one shall serve five years, as determined by lot at the first meeting
13 of the board.
14 (b) The members serving pursuant to Subparagraph (1)(a) of this Subsection
15 shall serve during their term of office.
16 (3) The board shall elect from its members a chairman, a vice chairman, a
17 secretary, a treasurer, and other officers as it deems necessary. The duties of the
18 officers shall be fixed by the bylaws adopted by the board.
19 (4) The board may adopt rules and regulations for conducting its business
20 affairs. Rules and regulations of the board relative to the notice and conduct of
21 meetings shall conform to applicable law, including laws relative to open meetings.
22 The board shall hold regular meetings and may hold special meetings at times and
23 places within the district as prescribed in the bylaws.
24 (5) A majority of the members of the board constitutes a quorum for the
25 transaction of business. The board shall keep minutes of all meetings and shall make
26 them available through the secretary of the board to residents of the district.
27 (6) The members of the board shall serve without compensation but shall be
28 reimbursed for reasonable out-of-pocket expenses directly related to the governance
29 of the district.
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1 E. The district, acting through its board, shall have the following powers and
2 duties:
3 (1) To sue and be sued.
4 (2) To adopt, use, and alter at will a corporate seal.
5 (3) To receive and expend funds collected pursuant to Subsections F and G
6 of this Section and in accordance with a budget adopted as provided by Subsection
7 H of this Section.
8 (4) To enter into contracts with individuals or entities, private or public.
9 (5) To provide or enhance security patrols in the district and to provide for
10 improved lighting, signage, or matters relating to the security and beautification of
11 the district.
12 (6) To enter into contracts and agreements for security, improvement, or
13 betterment of the district, including with one or more other districts for the joint
14 security, improvement, or betterment of all participating districts.
15 (7) To provide for services and make expenditures as the board deems proper
16 for the upkeep and beautification of the district and the quality of life of its residents.
17 (8) To acquire or lease items and supplies that the board deems instrumental
18 to achieving the purposes of the district.
19 (9) To procure and maintain liability insurance against any liability of the
20 district and against any personal or legal liability of a board member that may be
21 asserted or incurred based upon his service as a member of the board or that may
22 arise as a result of his actions taken within the scope and discharge of his duties as
23 a member of the board.
24 (10) To perform or have performed any other function or activity necessary
25 or appropriate to carry out the purposes of the district or for the overall betterment
26 of the district.
27 F.(1) The governing authority of the city of New Orleans may impose and
28 collect a parcel fee within the district subject to and in accordance with the
29 provisions of this Subsection.
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1 (2) The amount of the fee shall be as requested by duly adopted resolution
2 of the board. The fee shall be a flat fee per parcel of land not to exceed three
3 hundred fifteen dollars per year for each parcel.
4 (3)(a) The fee shall be imposed on each parcel located within the district.
5 (b) For purposes of this Section, "parcel" means a lot, a subdivided portion
6 of ground, an individual tract, or a "condominium parcel" as defined in R.S.
7 9:1121.103.
8 (c) The owner of each parcel shall be responsible for payment of the fee.
9 (4)(a) The fee shall be imposed only after the question of its imposition has
10 been approved by a majority of the registered voters of the district voting on the
11 proposition at an election held for that purpose in accordance with the Louisiana
12 Election Code. The amount of the fee may be changed by duly adopted resolution
13 of the board, not to exceed the maximum amount authorized in this Subsection. No
14 other election shall be required except as provided by this Paragraph.
15 (b) The fee shall expire at the time provided in the proposition authorizing
16 the fee, not to exceed five years, but the fee may be renewed if approved by a
17 majority of the registered voters of the district voting on the proposition at an
18 election as provided in Subparagraph (a) of this Paragraph. If the fee is renewed, the
19 term of the imposition of the fee shall be as provided in the proposition authorizing
20 the renewal, not to exceed five years.
21 (5) The fee shall be collected at the same time and in the same manner as ad
22 valorem taxes on property subject to taxation by the city are collected.
23 (6) Any parcel fee which is unpaid shall be added to the tax rolls of the city
24 and shall be enforced with the same authority and subject to the same penalties and
25 procedures as unpaid ad valorem taxes.
26 (7)(a) The proceeds of the fee shall be used solely and exclusively for the
27 purpose and benefit of the district; however, the city may retain one percent of the
28 amount collected as a collection fee.
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1 (b) The city of New Orleans shall remit to the district all amounts collected
2 not more than sixty days after collection.
3 G. The district may solicit and accept additional voluntary contributions and
4 grants to further the purposes of the district.
5 H.(1) The board of commissioners shall adopt an annual budget in
6 accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.
7 (2) The district shall be subject to audit by the legislative auditor pursuant
8 to R.S. 24:513.
9 I.(1) It is the purpose and intent of this Section that the additional law
10 enforcement or security personnel and their services provided for through the fees
11 authorized in this Section shall be supplemental to and not in lieu of personnel and
12 services provided in the district by the New Orleans Police Department.
13 (2) If the district ceases to exist, all funds of the district shall be transmitted
14 by the board to the city of New Orleans, and such funds, together with any other
15 funds collected by the city of New Orleans pursuant to this Section, shall be
16 maintained in a separate account by the city and shall be used only to promote,
17 encourage, and enhance the security, beautification, and overall betterment of the
18 area included in the district.
19 J.(1) The district shall indemnify its officers and board members to the
20 fullest extent permitted by R.S. 12:227, as fully as if the district were a nonprofit
21 corporation governed thereby, and as may be provided in the district's bylaws.
22 (2) No board member or officer of the district shall be liable to the district
23 or to any individual who resides, owns property, visits, or otherwise conducts
24 business in the district for monetary damages for breach of his duties as a board
25 member or officer, provided that the foregoing provision shall not eliminate or limit
26 the liability of a board member or officer for any of the following:
27 (a) Acts or omissions not in good faith or which involve intentional
28 misconduct or a knowing violation of law.
29 (b) Any transaction from which he derived an improper personal benefit.
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1 (3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.
2 9:2792.1 through 2792.9, a person serving the district as a board member or officer
3 shall not be individually liable for any act or omission arising out of the performance
4 of his duties.
5 Section 2. This Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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