This organization is created by Act 1005 of the Regular Session of the 2008 Louisiana Legislature (the“Act”) (codified at La.R.S. 33:9091.12) and shall be known as the Upper Audubon Security District (the “District”).
Regular Session, 2008
HOUSE BILL NO. ____
BY REPRESENTATIVE HINES
To enact R.S.________, relative to the Upper Audubon Security District; to create and provide with respect to such district, including provisions for the district and its board of commissioners and their powers, duties, functions, and responsibilities; to provide for the imposition and collection of taxes and for the use thereof; and to provide for related matters.
Notice of intention to introduce this Act has been published as provided by article III, Section 13 of the Constitution of Louisiana.
Be it enacted by the Legislature of Louisiana:
Section 1.R.S. ____________ is hereby enacted to read as follows:
§_.Upper Audubon Security 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 Upper Audubon 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 streets, avenues and natural boundaries: The Uptown side of AudubonPark to St. Charles Avenue (river side only) to Broadway Street (both sides) to Magazine Street (lake side only) and back to the Uptown side of AudubonPark.
C.Purpose.The purpose of the district shall be to aid in crime prevention and reduction by providing additional security for district residents .
D.Governance.(1)The district shall be managed by a board of commissioners, referred to in this Section as the “board.”The board shall be composed as follows:
(a)The president of the Upper Audubon Association.
(b)The board of directors of the Upper Audubon Association shall appoint three members.
(c)The member of the City Council whose council district encompasses the area of the district shall appoint one member from a list of nominations submitted by the Upper Audubon 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 Upper Audubon 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 Upper Audubon Association.
(2)All members of the board shall be residents of the district.
(3)(a)Board members serving pursuant to Subparagraphs (1)(b) through (e) of this Subsection shall serve four year terms after initial terms as provided in this Subparagraph.Two members shall serve an initial term of two years; two shall serve an initial term of three years; and two shall serve an initial term of four years, 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 Upper Audubon 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 by-laws adopted by the board.
(5)All members of the board shall be voting members.
(6)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.
(7)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 by-laws and may hold special meetings at such times and places within the district as may be prescribed in the by-laws.
(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 of the board to residents of the district.
(9)The members of the board shall serve without compensation.
E.Powers and duties.The district, 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 and bylaws.
(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, to provide or enhance security patrols in the district.
(5)To purchase items and supplies which the board deems instrumental to achieving the purposes of the district.
(6)To perform or have performed any other function or activity necessary for the achievement of the purposes of the district.
(7)To select from among themselves a president and such other officers as they deem appropriate.The terms and responsibilities of officers shall be as provided in the bylaws of the board.
(8)All members of the board, including the officers of the board, shall be voting members.
(9)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 or her service as a member of the board or that may arise as a result of his or her actions taken within the scope and discharge of his or her duties as a member of the board.
(1)The board shall prepare or cause to be prepared a plan or plans, referred to in this section as the “plan,” specifying the services proposed to be furnished for the district, and it shall conduct such hearings, publish such notices 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 providing the services set forth in the plan.
(b)An estimate of the amount of the feerequired to be levied in each year on the taxable real property within the district in order to provide the funds required for the implementation or effectuation of the plan for furnishing the services specified.
(1)The governing authority of the city of New Orleans is hereby authorized to levy and collect annually special taxes, as authorized by the Upper Audubon Security District, subject to and in accordance with the provisions of this Section.
(2)The amount of the annual tax shall be requested by duly adopted resolution of the board of commissioners.The tax shall be a special ad valorem tax levied on taxable property in the district and shall not exceed five hundred dollars ($500).
(3)(a)A tax shall be imposed only after the question of its imposition has been approved by a majority of registered voters of the district voting at a regularly scheduled primary or general election held for that purpose in accordance with the Louisiana Election Code.No other election shall be required except as provided by this paragraph.
(b)The tax shall expire at the time provided in the proposition authorizing the tax, not to exceed five years from its initial imposition, but the tax may be renewed as provided in Subparagraph (a) of this Paragraph.Any election to authorize the renewal of the tax shall be held only at the same time as the mayoral primary election.If renewed, the term of the imposition of the tax shall be provided in the proposition authorizing such renewal, not to exceed eight years.
(4)No such tax shall be levied until a plan requiring or requesting the levy of a tax is finally and conclusively adopted pursuant to the provisions of subsection F of this Section.
(5)No tax 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.
(6)(a)The tax shall be collected 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.
(b)Any tax 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 such tax shall be used solely and exclusively for the purpose and the benefit of the district, however, the city may retain one percent of the amount collected as a collection fee.
(b)The proceeds shall be paid over to the Board of Liquidation, City Debt, day by day as the same are collected and received by the appropriate officials of the city of New Orleans and maintained in a separate account.
(c)The proceeds shall be paid out by the Board of Liquidation, City Debt, solely for the purposes provided in this Section upon warrants or drafts on the Board of Liquidation, City Debt, by the appropriate officials of the city and the secretary-treasurer of the district.
H.Budget.(1)The board of commissioners shall adopt an annual budget in accordance with the 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.
I.Miscellaneous provisions. (1) 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.
(2)This Act shall become effective upon signature by the governor or, if not signed by the governor, upon the expiration of the time for bills to become law without signature by the governor, as provided by
Article III, Section 18 of the Constitution of Louisiana.If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.