§ 33:9080.3 — The Lakewood East Security and Neighborhood Improvement District

Louisiana § 33:9080.3

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

A. Creation. The Lakewood East Security and Neighborhood Improvement District, a special taxing district, hereinafter referred to as the "district", is hereby created in Orleans Parish.
B. Boundaries. The district shall be comprised of the area of the parish of Orleans lying within the following perimeter: Interstate 10 Service Road, Mayo Boulevard, Orleans Parish School Property formerly known as the Livingston Middle School, and St. Charles Canal.
C. Purpose. The district is established for the primary object and purpose of promoting and encouraging the beautification, security, and overall betterment of the Lakewood East Subdivision. The district will also encourage, promote, and advance the nonprofit interests of homeowners in the subdivision through participation in charitable activities and events.
D. Governance. (1) In order for the orderly development and effectuation of the services to be furnished by the district and to provide for the representation in the affairs of the district of those persons and interests immediately concerned with and affected by the purposes and development of the area, the affairs of the district shall be managed by the Lakewood East Homeowners Association's Board of Directors, hereinafter referred to as the "board".
(2) The minute books and archives of the district shall be maintained by the board's secretary. The monies, funds, and accounts of the district shall be in the official custody of the board.
(3) The duties of the officers shall be fixed by bylaws adopted by the board. 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.
(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 board's secretary to members of the district.
(5) The members of the board shall be determined and selected as provided in the bylaws and shall serve without compensation.
E. Powers and duties. The district, acting through its board, shall have the following powers and duties:
(1) To adopt, use, and alter at will a corporate seal.
(2) To receive and expend funds collected pursuant to Subsection F of this Section and in accordance with a budget adopted as provided by Subsection G of this Section.
(3) To enter into contracts with individuals or entities, private or public.
(4) 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.
(5) To provide for such services and make such expenditures as the board deems proper for the upkeep of the district.
(6) 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.
F. 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:
(1) The amount of the fee shall be as requested by a duly adopted resolution of the board. The fee shall be a flat fee and shall be imposed on each parcel located within the district. The amount of the fee shall be three hundred dollars per year for each parcel.
(2) The fee shall be imposed on each parcel located within the district.
(a) For purposes of this Section, "parcel" means a lot, a subdivided portion of ground, or an individual tract.
(b) The owner of each parcel 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. No other election shall be required except as provided by this Paragraph.
(b) The initial election on the question of the imposition of the fee shall be held at the same time as a regularly scheduled election in the city of New Orleans.
(c) If approved, the fee shall expire on December 31, 2018, 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 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. Budget. (1) The governing authority of the district shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The budget and all amendments shall be subject to the approval of the governing board of the city of New Orleans.
(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.
H. Miscellaneous provisions. (1) The board 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 district may perform or have performed any other function or activity necessary for the achievement of its objectives of:
(a) Encouraging the beautification, security, and overall betterment of the area included within the district.
(b) Encouraging, promoting, and advancing the nonprofit interests of homeowners in the subdivision through participation in charitable activities and events.

Legislative History

Acts 2009, No. 396, §1, eff. July 7, 2009; Acts 2010, No. 431, §1, eff. July 1, 2010.