RS 9091.17 - Broadmoor Neighborhood Improvement 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 Broadmoor Neighborhood 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 district shall be composed of that area within and including the following perimeter streets and avenues: beginning at the intersection of Nashville Ave. and S. Claiborne Ave. proceeding along Nashville Ave. to its intersection with Fontainebleau Dr., along Fontainebleau Dr. to its intersection with Octavia St., along Octavia St. to its intersection with S. Jefferson Davis Parkway, along S. Jefferson Davis Parkway to its intersection with Washington Ave., then along Washington Ave. to where it turns into Toledano St. and then along Toledano St. to its intersection with S. Claiborne Ave. and back to the intersection of S. Claiborne Ave. and Nashville Ave.
C. Purpose. The district is established for the purpose of promoting quality of life initiatives of the Broadmoor Improvement Association (BIA) that cater to residents living in the area included within the district and encouraging the beautification and overall benefit of the district as defined in the Redevelopment Plan for Broadmoor.
D. Board composition. (1) The district shall be governed by the nine-member elected BIA board and up to four board members to be appointed pursuant to the BIA's bylaws, referred to in this Section as the "board".
(2)(a) Until the term commencing on January 1, 2017, three board members shall be elected from each subgroup of the district.
(b) Elections will occur as provided in the district's bylaws.
(c) Board members shall serve two-year terms.
(d) Any vacancy which occurs prior to the expiration of the term for a board member shall be filled for the remainder of the unexpired term in the same manner as the original election. Board members shall be eligible for reelection.
(3)(a) For the term commencing on January 1, 2017, and all terms thereafter, three board members shall be elected from each subgroup of the district annually.
(b) Elections will occur as provided in the district's bylaws.
(c) Board members elected pursuant to Subparagraph (a) of this Paragraph shall be elected to initial terms as follows: a one-year term; a two-year term; and a three-year term for each subgroup. At the expiration of these initial terms of office, all subsequent board members' terms shall be three years, thereby establishing staggered board terms. Board members shall be eligible for reelection.
(d) Any vacancy which occurs prior to the expiration of the terms for a board member shall be filled for the remainder of the unexpired term in the same manner as the original election.
E. Governance. (1) 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.
(2) 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.
(3) The board shall adopt such rules, regulations, and bylaws 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 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.
(4) 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.
(5) 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.
(6) 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.
F. 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 G of this Section and in accordance with a budget adopted as provided by Subsection I 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 as outlined in the Broadmoor Redevelopment Plan.
(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 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.
G. 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. For purposes of this Section, a parcel is defined as a lot, a subdivided portion of ground, or an individual tract.
(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 improved parcel of land not to exceed two hundred dollars per year for each parcel. 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.
(2) The owner of each parcel located within the district 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 fee shall not be increased during the period of its initial levy.
(b) The question of the imposition of the parcel fee shall be submitted to the voters in a proposition at an election held for that purpose in accordance with the Louisiana Election Code.
(c) If approved, the initial fee shall expire on December 31, 2015, 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 such renewal, not to exceed five years.
(4) 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.
(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 thirty days after collection.
H. Additional contributions. The district is authorized to solicit and accept additional voluntary contributions and grants to further the purposes of the district.
I. 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.
J. Miscellaneous. (1) It is the purpose and intent of this Section that any additional 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) The district may perform or have performed any other function or activity necessary for the achievement of its primary objective of encouraging the beautification, security, and overall betterment of the area included within the district as outlined in the Broadmoor Redevelopment Plan.
K. Dissolution. (1) The district may be dissolved after the question of its dissolution has been approved by a majority of the registered voters of the district voting on the proposition at a regularly scheduled election conducted in accordance with the provisions of the Louisiana Election Code. The question may be placed on the ballot only after it has been approved by the affirmative vote of not less than five members of the district board.
(2) If and when the district ceases to exist:
(a) All funds of the district shall be transmitted by the board to the BIA and such funds, together with any other funds collected by the city of New Orleans pursuant to this Section, shall be maintained by the BIA and shall be used only for law enforcement, security, improvement, and beautification purposes of the district.
(b) The authority for the imposition of the parcel fee provided in this Section shall cease.
L. 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.
Acts 2010, No. 554, §1, eff. July 1, 2010; Acts 2015, No. 238, §1.