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Regular Session, 2010
HOUSE BILL NO. 714
BY REPRESENTATIVE RICHMOND
DISTRICTS/NEIGHBORHOOD: Provides relative to the Lake Willow Subdivision
Improvement District in Orleans Parish
AN ACT1
To amend and reenact R.S. 33:9073, relative to Orleans Parish, to provide relative to the2
Lake Willow Subdivision Improvement District; to provide relative to the governing3
board of the district; to provide for terms of board members; to provide relative to4
the powers and duties of the district; to provide relative to the imposition of taxes5
and fees within the district; to remove provisions authorizing the imposition of taxes6
within the district; to authorize the imposition of a parcel fee within the district; to7
provide for the use of such fee; and to provide for related matters.8
Notice of intention to introduce this Act has been published9
as provided by Article III, Section 13 of the Constitution of10
Louisiana.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 33:9073 is hereby amended and reenacted to read as follows: 13
ยง9073. The Lake Willow Subdivision Improvement District14
A. Creation. The Lake Willow Subdivision Improvement District, a special15
taxing district, hereinafter referred to as the "district", is hereby created in Orleans16
Parish.17
B. Boundaries. The district shall be comprised of the area of Orleans Parish18
located between Morrison Road on the north, the Lawrence Drainage Canal on the19
west, the I-10 Service Road on the south, and on the east by a line approximately two20 HLS 10RS-975 REENGROSSED
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hundred feet west of the west line of Crowder Road, excluding Lots 1B, 1C, and 1D1
shown on said plan, which said plan of subdivision is registered in COB692,2
folio202, Orleans Parish, comprising all of the Lake Willow Subdivision.3
C. Purpose. The district is established for the primary object and purpose of4
promoting and encouraging the beautification, security, and overall betterment of the5
Lake Willow Subdivision.6
D. Governance. (1) In order for the orderly development and effectuation7
of the services to be furnished by the district and to provide for the representation in8
the affairs of the district of those persons and interests immediately concerned with9
and affected by the purposes and development of the area, the affairs of the district10
shall be managed by a nine-member board of commissioners appointed as follows:11
(a) The Lake Willow Homeowners Association's board of directors shall12
appoint five members.13
(b) The mayor of New Orleans shall appoint one member.14
(c) The member or members of the New Orleans city council who represent15
the area which comprises the district shall appoint one member.16
(d) The member or members of the Louisiana House of Representatives who17
represent the area which comprises the district shall appoint one member.18
(e) The member or members of the Louisiana Senate who represent the area19
which comprises the district shall appoint one member.20
(2) All members of the board shall own property within the district.21
(3) The members of the board shall serve without compensation.22
(4) The minute books and archives of the district shall be maintained by the23
board's secretary or acting secretary. The monies, funds, and accounts of the district24
shall be in the official custody of the board.25
(5) The duties of the officers shall be fixed by bylaws adopted by the board.26
The board shall adopt such rules and regulations as it deems necessary or advisable27
for conducting its business affairs which rules and regulations relative to public28
notice and conduct of public meetings shall all conform to the open meeting29 HLS 10RS-975 REENGROSSED
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provisions of R.S. 42:4.1 et seq. It shall hold regular meetings as shall be provided1
in the bylaws and may hold special meetings at such times and places within the2
district as may be prescribed in the bylaws.3
(6) A majority of the members of the board shall constitute a quorum for the4
transaction of business. The board shall keep minutes of all meetings and shall make5
them available through the board's secretary to members of the district.6
E. Taxing authority. (1) The city council of the city of New Orleans is7
hereby authorized to levy and collect the special taxes or fees, as authorized by the8
Lake Willow Subdivision Improvement District, as hereinafter specifically provided9
for a term not to exceed five years, which may be renewed in subsequent elections,10
from and after the date the first tax or fee is levied pursuant to the provisions of this11
Section in the same manner and at the same time as all other ad valorem taxes on12
property subject to taxation by the city are levied and collected, a special ad valorem13
tax or fee not to exceed three hundred fifty dollars upon all taxable real property14
situated within the boundaries of the Lake Willow Subdivision Improvement15
District.* Any such unpaid tax or fee will be added to the tax rolls of the city and16
shall be enforced with the same authority and subject to the same penalties and17
procedures as are unpaid ad valorem taxes. The fee or tax shall be imposed only18
after the question of its imposition has been approved by a two-thirds majority of the19
registered voters of the district, voting at an election held for that purpose in20
accordance with the Louisiana Election Code. No other election shall be required21
except as provided by this Subsection.22
(2) The proceeds of said tax or fee shall be used solely and exclusively for23
the purposes and benefit of the district. Said proceeds shall be paid over to the Board24
of Liquidation, City Debt, day by day as the same proceeds are collected and25
received by the appropriate officials of the city of New Orleans and maintained in26
a separate account. The city of New Orleans shall remit to the district all amounts27
collected not more than thirty days after collection. However, the city may retain one28
percent of the amount collected as a collection fee.29 HLS 10RS-975 REENGROSSED
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F. Budget. (1) The board of commissioners shall adopt an annual budget1
in accordance with the Local Government Budget Act, R.S. 39:1301 et seq. The2
budget and all amendments shall be subject to the approval of the New Orleans city3
council.4
(2) The district shall be subject to audit by the legislative auditor pursuant5
to R.S. 24:513.6
G. Plan. (1) The board shall prepare or cause to be prepared a plan or plans,7
such plan or plans hereinafter referred to collectively as the "plan", specifying the8
public improvements, facilities, and services proposed to be furnished, constructed,9
or acquired for the district, and it shall conduct such hearings, publish notice with10
respect thereto, and disseminate such information as it in the exercise of its sound11
discretion may deem to be appropriate or advisable and in the public interest.12
(2) Any plan shall include:13
(a) An estimate of the annual and aggregate cost of acquiring, constructing,14
or providing the services, improvements, or facilities set forth therein.15
(b) An estimate of the taxes or fees required to be levied in each year on the16
taxable real property within the district in order to provide the funds required for the17
implementation or effectuation of the plan for furnishing the services specified and18
for capital improvements or debt service, or both.19
H. Miscellaneous provisions. (1) The district shall have the power, acting20
through its board, to enter into contracts with the New Orleans Police Department21
or with a private security company which has been certified by the superintendent22
of the New Orleans Police Department for the provision of security patrols in the23
district. The district will perform or have performed any other function or activity24
necessary for the achievement of its primary objective of encouraging the25
beautification, security, and overall betterment of the Lake Willow Subdivision26
Improvement District.27
(2) It is the purpose and intent of this Section that the additional security28
patrols, public or private, as provided through these taxes or fees authorized herein29 HLS 10RS-975 REENGROSSED
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shall be supplemental to and not in lieu of personnel and services provided in the1
district by the New Orleans Police Department.2
A. Creation. There is hereby created within the parish of Orleans, as more3
specifically provided in Subsection B of this Section, a body politic and corporate4
which shall be known as the Lake Willow Subdivision Improvement District,5
referred to in this Section as the "district". The district shall be a political6
subdivision of the state as defined in the Constitution of Louisiana.7
B. Boundaries. The district shall be comprised of the area of Orleans Parish8
located between Morrison Road on the north, the Lawrence Drainage Canal on the9
west, the I-10 Service Road on the south, and on the east by a line approximately two10
hundred feet west of the west line of Crowder Road, excluding Lots 1B, 1C, and 1D11
shown on said plan, which said plan of subdivision is registered in COB692,12
folio202, Orleans Parish, comprising all of the Lake Willow Subdivision.13
C. Purpose. The district is established for the primary object and purpose of14
promoting and encouraging the beautification, security, and overall betterment of the15
district.16
D. Governance. (1) The district shall be governed by a board of17
commissioners, referred to in this Section as the "board", consisting of members as18
follows:19
(a) The board of directors of the Lake Willow Homeowners Association20
shall appoint five members.21
(b) The mayor of New Orleans shall appoint one member.22
(c) The member or members of the governing authority of the city of New23
Orleans who represent the area which comprises the district shall appoint one24
member.25
(d) The member or members of the Louisiana House of Representatives who26
represent the area which comprises the district shall appoint one member.27
(e) The member or members of the Louisiana Senate who represent the area28
which comprises the district shall appoint one member.29 HLS 10RS-975 REENGROSSED
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(2) All members of the board shall own property within the district.1
(3) Board members shall serve three-year terms after serving initial terms as2
follows: three members shall serve an initial term of one year, three shall serve two3
years, and three shall serve three years as determined by lot at the first meeting of the4
board.5
(4) Vacancies resulting from the expiration of a term or any other reason6
shall be filled for the remainder of the unexpired term in the manner of the original7
appointment.8
(5) The members of the board shall select from among themselves a9
president and such other officers as they deem appropriate. The responsibilities of10
the officers shall be as provided by the bylaws of the board.11
(6) The members of the board shall serve without compensation.12
(7) The minute books and archives of the district shall be maintained by the13
secretary of the board. The board shall keep minutes of all meetings and shall make14
them available through the secretary of the board to members of the district. The15
monies, funds, and accounts of the district shall be in the official custody of the16
board.17
(8) A majority of the members of the board shall constitute a quorum for the18
transaction of business.19
E. Powers and duties. The district, acting through its board, shall have the20
following powers and duties:21
(1) To sue and be sued.22
(2) To adopt, use, and alter at will a corporate seal.23
(3) To receive and expend funds collected pursuant to Subsection F of this24
Section and in accordance with a budget adopted as provided by Subsection G of this25
Section.26
(4) To enter into contracts with individuals or entities, private or public, for27
the provision of security patrols in the district.28 HLS 10RS-975 REENGROSSED
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(5) To purchase items and supplies which the board deems instrumental to1
achieving the purpose of the district.2
(6) To perform or have performed any other function or activity necessary3
for the achievement of the purpose of the district.4
F. Parcel fee. The governing authority of the city of New Orleans is hereby5
authorized to impose and collect a parcel fee within the district subject to and in6
accordance with the provisions of this Subsection:7
(1) The amount of the fee shall be as requested by duly adopted resolution8
of the board. The fee shall be a flat fee per parcel of land not to exceed three9
hundred dollars per year for each parcel.10
(2)(a) The fee shall be imposed on each parcel located within the district.11
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion12
of ground, an individual tract, or a "condominium parcel" as defined in R.S.13
9:1121.103.14
(c) The owner of each parcel shall be responsible for payment of the fee.15
(3)(a) The fee shall be imposed only after the question of its imposition has16
been approved by a majority of the registered voters of the district who vote on the17
proposition at an election held for that purpose in accordance with the Louisiana18
Election Code. The amount of the fee may be changed by duly adopted resolution19
of the board, not to exceed the maximum amount authorized in this Subsection. No20
other election shall be required except as provided by this Paragraph.21
(b) The initial election on the question of the imposition of the fee shall be22
held for that purpose in accordance with the Louisiana Election Code.23
(c) If approved, the fee shall expire on December 31, 2014, but the fee may24
be renewed if approved by a majority of the registered voters of the district voting25
on the proposition at an election as provided in Subparagraph (a) of this Paragraph.26
If the fee is renewed, the term of the imposition of the fee shall be as provided in the27
proposition authorizing such renewal, not to exceed eight years.28 HLS 10RS-975 REENGROSSED
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(4) The fee shall be collected at the same time and in the same manner as ad1
valorem taxes on property subject to taxation by the city are collected.2
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city3
and shall be enforced with the same authority and subject to the same penalties and4
procedures as unpaid ad valorem taxes.5
(6)(a) The proceeds of the fee shall be used solely and exclusively for the6
purpose and benefit of the district; however, the city may retain one percent of the7
amount collected as a collection fee.8
(b) The city of New Orleans shall remit to the district all amounts collected9
not later than sixty days after collection.10
G. Budget. (1) The board shall adopt an annual budget in accordance with11
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The budget and12
all amendments shall be subject to the approval of the New Orleans City Council.13
(2) The district shall be subject to audit by the legislative auditor pursuant14
to R.S. 24:513.15
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section16
that the additional law enforcement personnel and their services provided for through17
the fees authorized in this Section shall be supplemental to and not in lieu of18
personnel and services provided in the district by the New Orleans Police19
Department.20
(2) If the district ceases to exist, all funds of the district shall be transmitted21
by the board to the city of New Orleans, and such funds, together with any other22
funds collected by the city of New Orleans pursuant to this Section, shall be23
maintained in a separate account by the city and shall be used only to promote,24
encourage, and enhance the security, beautification, and overall betterment of the25
area included in the district.26
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor27
and subsequently approved by the legislature, this Act shall become effective on July 1,28
2010, or on the day following such approval by the legislature, whichever is later.29 HLS 10RS-975 REENGROSSED
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Richmond HB No. 714
Abstract: Relative to the Lake Willow Subdivision Improvement District in Orleans Parish,
provides relative to the governance and powers and duties of the district, including
the imposition of taxes and fees.
Present law creates and provides for the Lake Willow Subdivision Improvement District in
Orleans Parish as a political subdivision of the state for the purpose of promoting and
encouraging the beautification, security, and overall betterment of the district. Provides for
district boundaries.
Proposed law retains present law.
Present law provides that the district shall be governed by a board of nine commissioners as
follows:
(1)Five members appointed by The Lake Willow Homeowners Association's board of
directors.
(2)One member appointed by the mayor of New Orleans.
(3)One member appointed by the member(s) governing authority of the city of the New
Orleans who represent the area which comprises the district.
(4)One member appointed by the member(s) of the La. House of Representatives who
represent the area which comprises the district.
(5)One member appointed by the member(s) of the La. Senate who represent the area
which comprises the district.
Requires all members to own property within the district. Further requires members to serve
without compensation.
Proposed law retains present law and additionally requires board members to serve three-
year staggered terms.
Proposed law provides relative to the powers and duties of the district including the
following:
(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 proposed law and in accordance
with a budget adopted as provided by proposed law.
(4)To enter contracts for security patrols.
(5)To purchase items and supplies.
(6)To perform or have performed actions necessary for the achievement of its purpose. HLS 10RS-975 REENGROSSED
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Present law authorizes the governing body of the city of New Orleans to levy and collect
special taxes or fees as authorized by the district not to exceed $350 for a term of up to five
years. Authorizes renewal of such taxes and fees in subsequent elections from and after the
date the first tax or fee is levied.
Present law provides that the fee or tax shall be imposed only after the question of its
imposition has been approved by 2/3 majority of the registered voters of the district voting
on the proposition at an election held for that purpose.
Proposed law removes provisions of present law. Instead authorizes the governing authority
of the city of New Orleans to impose and collect a parcel fee within the district. Provides
that the amount of the fee shall be as requested by duly adopted resolution of the board.
Further provides that the fee shall be a flat fee per parcel of land not to exceed $300 per year.
Proposed law provides that 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. Provides that the amount of the fee may be
changed by duly adopted board resolution, not to exceed the maximum amount authorized
by proposed law. Provides that no other election shall be required except as provided by
proposed law.
Proposed law requires that the initial election on the question of the imposition of the fee be
held for that purpose in accordance with the La. Election Code. Provides that the fee shall
expire on Dec. 31, 2014, but may be renewed. Proposed law provides that 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.
Present law provides that the tax or fee shall be collected in the same manner and at the same
time as ad valorem taxes on property subject to taxation by the city are levied and collected.
Provides that any 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.
Proposed law makes present law applicable to the parcel fee levied by the governing
authority pursuant to proposed law.
Present law requires that the proceeds be used solely and exclusively for the purposes and
benefit of the district. Authorizes the district to retain 1% of the amount collected as a
collection fee.
Proposed law retains present law.
Present law requires that the proceeds be paid over to the Board of Liquidation, City Debt,
day by day as they are collected and received by the appropriate officials of the city of New
Orleans. Further requires that the proceeds be maintained in a separate account and requires
the city to remit to the district all amounts collected not more than 30 days after collection.
Proposed law removes provisions of present law but requires the city to remit to the district
all amounts collected not more than 60 days after collection.
Present law requires the board of commissioners to adopt an annual budget in accordance
with the Local Government Budget Act and provides that the district shall be subject to audit
by the legislative auditor.
Proposed law retains present law.
Present law requires the board to prepare a plan(s) specifying the public improvements,
facilities, and services proposed to be furnished, constructed, or acquired for the district. HLS 10RS-975 REENGROSSED
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Additionally requires the board to conduct hearings, publish notice with respect thereto, and
disseminate such information as it may deem to be appropriate or advisable and in the public
interest.
Proposed law removes provisions of present law.
Present law provides that it is the purpose and intent of present law that the additional law
enforcement personnel and their services provided for through the fees authorized by present
law shall be supplemental to and not in lieu of personnel and services provided in the district
by the New Orleans Police Dept.
Proposed law retains present law.
Proposed law additionally provides that if the district ceases to exist, all funds of the district
shall be transmitted by the board to the city. Provides that such funds together with any
other funds collected by the city pursuant to proposed law 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.
Effective July 1, 2010.
(Amends R.S. 33:9073)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Removed requirement of proposed law that the election to renew the parcel fee
be held at the same time as the mayoral primary election.
House Floor Amendments to the engrossed bill.
1. Instead of providing that the initial election on the question of the imposition of
the parcel fee be held at the same time as a regularly scheduled election in New
Orleans, provided that it be held for that purpose in accordance with the La.
Election Code.