§ 33:9077 — Lake Barrington Subdivision Improvement District

§9077. Lake Barrington Subdivision Improvement District
A. Creation. The Lake Barrington Subdivision Improvement District, referred to in
this Section as the "district", is hereby created as a special taxing district in Orleans Parish.
The district shall be a political subdivision of the state as defined in the Constitution of
Louisiana.
B. Boundaries. The district shall be coterminous with the Lake Barrington
Subdivision as shown on a plan of the Lake Barrington Subdivision by B.L. Carter dated
November 12, 1973, with revisions and additions dated January 4, 1974, March 14, 1974,
and July 22, 1974, Drawing No. 25-26-126, approved by the New Orleans City Planning
Commission on August 27, 1974, and registered in C.O.B. 728, Folio 229, Orleans Parish,
Louisiana.
C. Purpose. The district is established for the primary object and purpose of
promoting and encouraging the beautification, security, and overall betterment of the Lake
Barrington Subdivision.
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) Three officers of the governing board of the Lake Barrington Homeowners
Association shall be members and shall be appointed by the governing board of the
association.
(b) Four members shall be appointed by the members of the Lake Barrington
Homeowners Association, all of whom shall be members of the association.
(c) Each member shall be a qualified voter and resident of the district.
(2)(a) The members appointed pursuant to Subparagraph (1)(b) of this Subsection
shall serve four-year terms after initial terms as provided in this Subparagraph. One member
shall serve an initial term of one year; one shall serve an initial term of two years; one shall
serve an initial term of three years; and one shall serve an initial term of four years, as
determined by lot at the first meeting of the board. Such members shall serve until their
successors have been appointed and qualified.
(b) The members serving pursuant to Subparagraph (1)(a) of this Subsection shall
serve during their terms of office.
(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.
(3) 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.
(4) A majority of the members of the board shall constitute a quorum for the
transaction of business.
(5) The members of the board shall serve without compensation.
(6) 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 in the bylaws and may hold special meetings at such times and places within the
district as may be prescribed in the bylaws.
(7) The board shall keep minutes of all meetings and shall make them available
through the secretary of the board to the residents of the district.
(8) The monies, funds, and accounts of the district shall be in the official custody of
the board.
E. Plan. (1) The board shall prepare, or cause to be prepared, a plan or plans,
referred to in this Section as the "plan", specifying the public improvements, facilities, and
services proposed to be furnished, constructed, or acquired for the district, and it shall
conduct such hearings, publish such notice 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 acquiring, constructing, or
providing the services, improvements, or facilities set forth therein.
(b) An estimate of the aggregate number of mills or rate of fees required 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 and for capital improvements or debt service, or both.
F. Taxing authority. (1) The governing authority of the city of New Orleans is
hereby authorized to levy and collect special taxes or fees, as authorized by the Lake
Barrington Subdivision Improvement District, subject to and in accordance with the
provisions of this Subsection.
(2) The amount of the tax or fee shall be as 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 mills. The fee shall be a flat fee levied on
each parcel located in the district and shall not exceed three hundred sixty dollars per parcel
per year.
(3) The owner of the property shall be responsible for payment of the tax or fee. The
tax collector shall submit the bill for the tax or fee to the owner. Each owner shall remain
liable for the entire amount until it is paid.
(4)(a) For purposes of this Section, "parcel" means a lot, a subdivided portion of
ground, or an individual tract and does not mean a "condominium parcel" as defined in R.S.
9:1121.103(7). Therefore, 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.
(b) The bill for the parcel fee to be collected from condominium owners shall be
submitted to the condominium owners association, and the association shall pay the fee from
funds available for such purpose. All members of the association shall remain liable for the
entire fee until it is paid.
(5)(a) A tax or fee 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 or fee shall expire at the time provided in the proposition authorizing the
tax or fee, not to exceed eight years from its initial imposition, but the tax or fee may be
renewed as provided in Subparagraph (a) of this Paragraph. Any election to authorize
renewal of the tax or fee shall be held at the same time as a regularly scheduled election in
the city of New Orleans. If renewed, the term of the imposition of the tax or fee shall be as
provided in the proposition authorizing such renewal, not to exceed eight years.
(6) No such tax or fee shall be levied until a plan requiring or requesting the levy of
a tax or fee is finally and conclusively adopted pursuant to the provisions of Subsection E
of this Section.
(7) The tax or fee 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.
(8) Any such unpaid tax or fee will 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 are
unpaid ad valorem taxes.
(9) The proceeds of such tax or fee shall be used solely and exclusively for the
purposes and benefit of the district. 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. The proceeds shall
be paid out by the Board of Liquidation, City Debt, solely for the purposes herein provided
upon warrants or drafts drawn on the Board of Liquidation, City Debt, by the appropriate
officials of the city and the treasurer of the district. The city may retain one percent of the
amount collected as a collection fee.
G. Budget. (1) The board of commissioners 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.
H. Miscellaneous provisions. (1) The board of commissioners may contract with
the New Orleans Police Department or with a private security company that has been
certified and approved by the superintendent of the New Orleans Police Department for the
provision of security patrols in the district. 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) The board shall have the power to acquire, lease, insure, and sell real property
within the boundaries of the district in accordance with district plans. In addition, the board
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 district.

Legislative History

Acts 2003, No. 1236, §1, eff. July 7, 2003; Acts 2017, No. 85, §1, eff. June 12, 2017.