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ACT No. 481
Regular Session, 2010
HOUSE BILL NO. 714
BY REPRESENTATIVE RICHMOND
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
hundred feet west of the west line of Crowder Road, excluding Lots 1B, 1C, and 1D21
shown on said plan, which said plan of subdivision is registered in COB692,22
folio202, Orleans Parish, comprising all of the Lake Willow Subdivision.23 ENROLLEDHB NO. 714
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C. Purpose. The district is established for the primary object and purpose of1
promoting and encouraging the beautification, security, and overall betterment of the2
Lake Willow Subdivision.3
D. Governance. (1) In order for the orderly development and effectuation4
of the services to be furnished by the district and to provide for the representation in5
the affairs of the district of those persons and interests immediately concerned with6
and affected by the purposes and development of the area, the affairs of the district7
shall be managed by a nine-member board of commissioners appointed as follows:8
(a) The Lake Willow Homeowners Association's board of directors shall9
appoint five members.10
(b) The mayor of New Orleans shall appoint one member.11
(c) The member or members of the New Orleans city council who represent12
the area which comprises the district shall appoint one member.13
(d) The member or members of the Louisiana House of Representatives who14
represent the area which comprises the district shall appoint one member.15
(e) The member or members of the Louisiana Senate who represent the area16
which comprises the district shall appoint one member.17
(2) All members of the board shall own property within the district.18
(3) The members of the board shall serve without compensation.19
(4) The minute books and archives of the district shall be maintained by the20
board's secretary or acting secretary. The monies, funds, and accounts of the district21
shall be in the official custody of the board.22
(5) The duties of the officers shall be fixed by bylaws adopted by the board.23
The board shall adopt such rules and regulations as it deems necessary or advisable24
for conducting its business affairs which rules and regulations relative to public25
notice and conduct of public meetings shall all conform to the open meeting26
provisions of R.S. 42:4.1 et seq. It shall hold regular meetings as shall be provided27
in the bylaws and may hold special meetings at such times and places within the28
district as may be prescribed in the bylaws.29 ENROLLEDHB NO. 714
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(6) A majority of the members of the board shall constitute a quorum for the1
transaction of business. The board shall keep minutes of all meetings and shall make2
them available through the board's secretary to members of the district.3
E. Taxing authority. (1) The city council of the city of New Orleans is4
hereby authorized to levy and collect the special taxes or fees, as authorized by the5
Lake Willow Subdivision Improvement District, as hereinafter specifically provided6
for a term not to exceed five years, which may be renewed in subsequent elections,7
from and after the date the first tax or fee is levied pursuant to the provisions of this8
Section in the same manner and at the same time as all other ad valorem taxes on9
property subject to taxation by the city are levied and collected, a special ad valorem10
tax or fee not to exceed three hundred fifty dollars upon all taxable real property11
situated within the boundaries of the Lake Willow Subdivision Improvement12
District.* Any such unpaid tax or fee will be added to the tax rolls of the city and13
shall be enforced with the same authority and subject to the same penalties and14
procedures as are unpaid ad valorem taxes. The fee or tax shall be imposed only15
after the question of its imposition has been approved by a two-thirds majority of the16
registered voters of the district, voting at an election held for that purpose in17
accordance with the Louisiana Election Code. No other election shall be required18
except as provided by this Subsection.19
(2) The proceeds of said tax or fee shall be used solely and exclusively for20
the purposes and benefit of the district. Said proceeds shall be paid over to the Board21
of Liquidation, City Debt, day by day as the same proceeds are collected and22
received by the appropriate officials of the city of New Orleans and maintained in23
a separate account. The city of New Orleans shall remit to the district all amounts24
collected not more than thirty days after collection. However, the city may retain one25
percent of the amount collected as a collection fee.26
F. Budget. (1) The board of commissioners shall adopt an annual budget27
in accordance with the Local Government Budget Act, R.S. 39:1301 et seq. The28
budget and all amendments shall be subject to the approval of the New Orleans city29
council.30 ENROLLEDHB NO. 714
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(2) The district shall be subject to audit by the legislative auditor pursuant1
to R.S. 24:513.2
G. Plan. (1) The board shall prepare or cause to be prepared a plan or plans,3
such plan or plans hereinafter referred to collectively as the "plan", specifying the4
public improvements, facilities, and services proposed to be furnished, constructed,5
or acquired for the district, and it shall conduct such hearings, publish notice with6
respect thereto, and disseminate such information as it in the exercise of its sound7
discretion may deem to be appropriate or advisable and in the public interest.8
(2) Any plan shall include:9
(a) An estimate of the annual and aggregate cost of acquiring, constructing,10
or providing the services, improvements, or facilities set forth therein.11
(b) An estimate of the taxes or fees required to be levied in each year on the12
taxable real property within the district in order to provide the funds required for the13
implementation or effectuation of the plan for furnishing the services specified and14
for capital improvements or debt service, or both.15
H. Miscellaneous provisions. (1) The district shall have the power, acting16
through its board, to enter into contracts with the New Orleans Police Department17
or with a private security company which has been certified by the superintendent18
of the New Orleans Police Department for the provision of security patrols in the19
district. The district will perform or have performed any other function or activity20
necessary for the achievement of its primary objective of encouraging the21
beautification, security, and overall betterment of the Lake Willow Subdivision22
Improvement District.23
(2) It is the purpose and intent of this Section that the additional security24
patrols, public or private, as provided through these taxes or fees authorized herein25
shall be supplemental to and not in lieu of personnel and services provided in the26
district by the New Orleans Police Department.27
A. Creation. There is hereby created within the parish of Orleans, as more28
specifically provided in Subsection B of this Section, a body politic and corporate29
which shall be known as the Lake Willow Subdivision Improvement District,30 ENROLLEDHB NO. 714
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referred to in this Section as the "district". The district shall be a political1
subdivision of the state as defined in the Constitution of Louisiana.2
B. Boundaries. The district shall be comprised of the area of Orleans Parish3
located between Morrison Road on the north, the Lawrence Drainage Canal on the4
west, the I-10 Service Road on the south, and on the east by a line approximately two5
hundred feet west of the west line of Crowder Road, excluding Lots 1B, 1C, and 1D6
shown on said plan, which said plan of subdivision is registered in COB692,7
folio202, Orleans Parish, comprising all of the Lake Willow Subdivision.8
C. Purpose. The district is established for the primary object and purpose of9
promoting and encouraging the beautification, security, and overall betterment of the10
district.11
D. Governance. (1) The district shall be governed by a board of12
commissioners, referred to in this Section as the "board", consisting of members as13
follows:14
(a) The board of directors of the Lake Willow Homeowners Association15
shall appoint five members.16
(b) The mayor of New Orleans shall appoint one member.17
(c) The member or members of the governing authority of the city of New18
Orleans who represent the area which comprises the district shall appoint one19
member.20
(d) The member or members of the Louisiana House of Representatives who21
represent the area which comprises the district shall appoint one member.22
(e) The member or members of the Louisiana Senate who represent the area23
which comprises the district shall appoint one member.24
(2) All members of the board shall own property within the district.25
(3) Board members shall serve three-year terms after serving initial terms as26
follows: three members shall serve an initial term of one year, three shall serve two27
years, and three shall serve three years as determined by lot at the first meeting of the28
board.29 ENROLLEDHB NO. 714
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(4) Vacancies resulting from the expiration of a term or any other reason1
shall be filled for the remainder of the unexpired term in the manner of the original2
appointment.3
(5) The members of the board shall select from among themselves a4
president and such other officers as they deem appropriate. The responsibilities of5
the officers shall be as provided by the bylaws of the board.6
(6) The members of the board shall serve without compensation.7
(7) The minute books and archives of the district shall be maintained by the8
secretary of the board. The board shall keep minutes of all meetings and shall make9
them available through the secretary of the board to members of the district. The10
monies, funds, and accounts of the district shall be in the official custody of the11
board.12
(8) A majority of the members of the board shall constitute a quorum for the13
transaction of business.14
E. Powers and duties. The district, acting through its board, shall have the15
following powers and duties:16
(1) To sue and be sued.17
(2) To adopt, use, and alter at will a corporate seal.18
(3) To receive and expend funds collected pursuant to Subsection F of this19
Section and in accordance with a budget adopted as provided by Subsection G of this20
Section.21
(4) To enter into contracts with individuals or entities, private or public, for22
the provision of security patrols in the district.23
(5) To purchase items and supplies which the board deems instrumental to24
achieving the purpose of the district.25
(6) To perform or have performed any other function or activity necessary26
for the achievement of the purpose of the district.27
F. Parcel fee. The governing authority of the city of New Orleans is hereby28
authorized to impose and collect a parcel fee within the district subject to and in29
accordance with the provisions of this Subsection:30 ENROLLEDHB NO. 714
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(1) The amount of the fee shall be as requested by duly adopted resolution1
of the board. The fee shall be a flat fee per parcel of land not to exceed three2
hundred dollars per year for each parcel.3
(2)(a) The fee shall be imposed on each parcel located within the district.4
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion5
of ground, an individual tract, or a "condominium parcel" as defined in R.S.6
9:1121.103.7
(c) The owner of each parcel shall be responsible for payment of the fee.8
(3)(a) The fee shall be imposed only after the question of its imposition has9
been approved by a majority of the registered voters of the district who vote on the10
proposition at an election held for that purpose in accordance with the Louisiana11
Election Code. The amount of the fee may be changed by duly adopted resolution12
of the board, not to exceed the maximum amount authorized in this Subsection. No13
other election shall be required except as provided by this Paragraph.14
(b) The initial election on the question of the imposition of the fee shall be15
held for that purpose in accordance with the Louisiana Election Code.16
(c) If approved, the fee shall expire on December 31, 2014, but the fee may17
be renewed if approved by a majority of the registered voters of the district voting18
on the proposition at an election as provided in Subparagraph (a) of this Paragraph.19
If the fee is renewed, the term of the imposition of the fee shall be as provided in the20
proposition authorizing such renewal, not to exceed eight years.21
(4) The fee shall be collected at the same time and in the same manner as ad22
valorem taxes on property subject to taxation by the city are collected.23
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city24
and shall be enforced with the same authority and subject to the same penalties and25
procedures as unpaid ad valorem taxes.26
(6)(a) The proceeds of the fee shall be used solely and exclusively for the27
purpose and benefit of the district; however, the city may retain one percent of the28
amount collected as a collection fee.29 ENROLLEDHB NO. 714
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(b) The city of New Orleans shall remit to the district all amounts collected1
not later than sixty days after collection.2
G. Budget. (1) The board shall adopt an annual budget in accordance with3
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The budget and4
all amendments shall be subject to the approval of the New Orleans City Council.5
(2) The district shall be subject to audit by the legislative auditor pursuant6
to R.S. 24:513.7
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section8
that the additional law enforcement personnel and their services provided for through9
the fees authorized in this Section shall be supplemental to and not in lieu of10
personnel and services provided in the district by the New Orleans Police11
Department.12
(2) If the district ceases to exist, all funds of the district shall be transmitted13
by the board to the city of New Orleans, and such funds, together with any other14
funds collected by the city of New Orleans pursuant to this Section, shall be15
maintained in a separate account by the city and shall be used only to promote,16
encourage, and enhance the security, beautification, and overall betterment of the17
area included in the district.18
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor19
and subsequently approved by the legislature, this Act shall become effective on July 1,20
2010, or on the day following such approval by the legislature, whichever is later.21
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: