§9091.23. Faubourg Marigny Security and 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 Faubourg Marigny Security and 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 be that area within and including the following perimeter: beginning at the intersection of Esplanade Avenue and North Peters Street proceeding along Esplanade Avenue (interior side) to its intersection with North Rampart Street, along North Rampart (both sides) to Joseph Guillaume Place, along Joseph Guillaume Place (both sides) to St. Claude Avenue, then proceeding along St. Claude Avenue (both sides) to its intersection with Homer Plessy Way, then proceeding along Homer Plessy Way(interior side) to its intersection with Chartres Street, then proceeding along Chartres Street (both sides) to its intersection with St. Ferdinand Street, along St. Ferdinand Street (both sides) to its intersection with North Peters Street, and along North Peters Street (both sides) back to its intersection with Esplanade Avenue.

            C. Purpose. The purpose of the district shall be to aid in crime prevention by providing security for district residents and to promote quality of life initiatives for district residents by funding beautification and other activities and improvements for the overall betterment of the district.

            D. Governance.  

            (1) The board of directors of the Faubourg Marigny Improvement Association shall manage the affairs of the district, referred to in this Section as the "board".

            (2) The board shall elect from its members a chairman, a vice chairman, a treasurer, a secretary, and other officers as it deems necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.

            (3) The monies, funds, and accounts of the district shall be in the official custody of the board and not commingled with that of the Faubourg Marigny Improvement Association. The financial books and records of the district shall be maintained by the treasurer of the board.

            (4) The board shall keep minutes of all meetings and shall make them available through the secretary of the board. The minute books and archives of the district shall be maintained by the secretary of the board.

            (5) The board shall adopt 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. The board shall hold regular meetings as provided for in the bylaws and may hold special meetings at such times and places within the district as prescribed in the bylaws.

            (6) A majority of the members of the board constitutes a quorum for the transaction of business.

            (7) 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, 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 Subsections F and G of this Section and in accordance with a budget adopted as provided by Subsection H of this Section.

            (4) To enter into any cooperative endeavor between or among the district and the state; any of its local governmental subdivisions, political corporations, or public benefit corporations; the United States or its agencies; or any public or private association, corporation, or individual. The term "cooperative endeavor" shall include but not be limited to cooperative financing and cooperative development.

            (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.

            (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 immovable 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.

            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)(a) The amount of the fee shall be as requested by duly adopted resolution of the board. The fee for the initial calendar year shall be a flat fee per parcel of land not to exceed two hundred fifty dollars per year for each unimproved residential parcel and each improved residential parcel with a single dwelling unit, except that the fee shall be three hundred dollars per year for each improved residential parcel with two dwelling units, five hundred dollars per year for each improved residential parcel with three to four dwelling units, seven hundred fifty dollars per year for each improved residential parcel with five to nine dwelling units, twelve hundred fifty dollars per year for each improved residential parcel with ten or more dwelling units, five hundred dollars per year for each unimproved parcel zoned for commercial use, seven hundred fifty dollars per year for each improved parcel zoned for commercial use, and eighteen hundred dollars per year for each improved parcel, residential or commercial, used for the purposes of a rooming and boarding house, bed and breakfast, hostel, hotel/motel, etc., referred to in this Section as "transient housing". The fee amounts provided for in this Subparagraph shall be increased by twenty-five dollars per year for each calendar year after the initial calendar year.

            (b) For improved residential parcels whose owner qualifies for a special assessment level pursuant to Article VII, Section 18(G)(1) of the Constitution of Louisiana, the fee shall be assessed at fifty percent of the respective fee amount; however, no reduction shall apply to improved parcels used for the purposes of transient housing.

            (c) If multiple adjacent parcels are combined for the purpose of housing a single family dwelling, the flat fee for the combined parcel shall be calculated to be one and four tenths times the single parcel fee for two adjacent parcels and one and six tenths times the single parcel fee for three or more adjacent parcels.

            (d) Any improved parcel consisting of both commercial and residential uses shall be considered commercial for purposes of this Section if comprised of fewer than five dwelling units and considered residential if comprised of five or more dwelling units.

            (2)(a) The fee shall be imposed on each parcel located within the district.

            (b) For purposes of this Section, "parcel" means a lot, a subdivided portion of ground, an individual tract, or a "condominium parcel" as defined in R.S. 9:1121.103. Thus, with respect to condominiums, the fee collector shall impose the parcel fee on each lot on which condominiums are situated and not on individual condominium units.

            (c) The owner of each parcel shall be responsible for payment of the fee. The tax collector shall submit the bill for a parcel fee which is to be collected from condominium owners to the condominium owners association, and the association shall pay the fee from the funds available for that purpose. The association shall remain liable for the entire fee until it is paid.

            (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 the purpose in accordance with the Louisiana Election Code. No other election shall be required except as provided by this Paragraph.

            (b) If approved, the initial 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. If renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed eight 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 sixty days after collection.

            G. Additional contributions. The district may solicit and accept additional voluntary contributions and grants to further the purposes of the district.

            H. 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.

            I. Miscellaneous provisions. (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 through the fees authorized in this Section shall be supplemental to and not 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, beautification, and overall betterment of the area included in the district.

            J. 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 2015, No. 322, §1; Acts 2024, No. 209, §1, eff. May 23, 2024.