§ 33:9091.18 — Pressburg East Neighborhood Improvement and Security District

Louisiana § 33:9091.18

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9091.18. Pressburg East Neighborhood Improvement and 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 Pressburg East Neighborhood Improvement and 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 district shall be comprised of the area of the parish of Orleans
lying within the following perimeter: bounded on the north side by the north side of Dwyer
Road, bounded on the west side by the west side of Read Boulevard, bounded on the south
side by the south side of Chef Menteur Highway, and bounded on the east side by a line
parallel to the east side of Nighthart Street which extends in a northerly direction to its
intersection with the north side of Dwyer Road and which extends in a southerly direction
to its intersection with the south side of Chef Menteur Highway.
C. Purpose. The district is established for the primary object and purpose of
promoting and encouraging the beautification, security, and overall betterment of the district.
D. Governance. (1) The district shall be governed by a board of commissioners,
referred to in this Section as the "board", consisting of seven members as follows:
(a) The president of the Pressburg East Homeowners/Neighborhood Association,
referred to this Section as the "association".
(b) The governing board of the association shall appoint three members, two of
whom may be members of the board.
(c) The member of the city council of New Orleans whose district encompasses all
or the greater portion of the area of the district shall appoint one member.
(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.
(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.
(2) All members shall be residents and qualified voters of the district.
(3)(a) The board member serving pursuant to Subparagraph (1)(a) of this Subsection
shall serve on the board during his term of office as president of the association.
(b) Board members serving pursuant to Subparagraph (1)(b) of this Subsection shall
serve three-year terms after serving initial terms as follows: one member shall serve an initial
term of one year, one member shall serve an initial term of two years, and one member shall
serve an initial term of three years, as determined by lot at the first meeting of the board.
(c) Each member serving pursuant to Subparagraphs (1)(c) through (e) of this
Subsection shall serve on the board during the term of office of his respective appointing
authority.
(4) Vacancies resulting from the expiration of a term or for any other reason shall be
filled for the remainder of the unexpired term in the manner of the original appointment.
(5) The members of the board shall select from among themselves a president and
such other officers as they deem appropriate. The responsibilities of the officers shall be as
provided by the bylaws of the board.
(6) The members of the board shall serve without compensation.
E. Powers and duties. The district, acting 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.
(3) 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.
(4) To enter into contracts with individuals or entities, private or public, for the
provision of security patrols in the district.
(5) To purchase items and supplies which the board deems instrumental to achieving
the purpose of the district.
(6) To perform or have performed any other function or activity necessary for the
achievement of the purpose of the district.
F. Parcel fee. The New Orleans City Council 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 duly adopted resolution of the
board. The fee shall be a flat fee per improved parcel of land not to exceed three hundred
dollars per year for each parcel.
(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.
(c) 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 voting on the proposition at an
election held for that purpose in accordance with the Louisiana Election Code. The amount
of the fee may be changed by duly adopted resolution of the board, not to exceed the
maximum amount authorized in this Subsection. No other election shall be required except
as provided by this Paragraph.
(b) The initial term for the imposition of the fee shall be 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 the fee is
renewed, the term of the imposition of the fee shall be as provided in the proposition
authorizing the 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 board of commissioners 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 New Orleans City Council.
(2) The district shall be subject to audit by the legislative auditor pursuant to R.S.
24:513.
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section that the
additional law enforcement or security personnel and their services provided for through the
fees authorized in this Section shall be supplemental to and not in lieu of personnel and
services provided in the district by the New Orleans Police Department.
(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.

Legislative History

Acts 2011, No. 76, §1; Acts 2024, No. 373, §1, eff. May 28, 2024.