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Regular Session, 2010
SENATE BILL NO. 64
BY SENATOR MURRAY
SPECIAL DISTRICTS. Creates the Lakeview Street Maintenance District in Orleans
Parish. (7/1/10)
AN ACT1
To enact R.S. 33:9080.4, relative to Orleans Parish; to create the Lakeview Street2
Maintenance District; to provide for the purpose, governance, and powers and duties3
of the district; to provide for the imposition of a parcel fee; and to provide for related4
matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 33:9080.4 is hereby enacted to read as follows: 8
ยง9080.4. Lakeview Street Maintenance District9
A. Creation. Most of the streets in that area of the city of New Orleans10
known as Lakeview were restructured in the 1950s and 1960s and provided the11
infrastructure for the development of a modern and desirable neighborhood.12
This was done through a cooperative effort between the citizens of this area and13
the appropriate governmental entities. These streets have not been maintained14
in a manner commensurate with the commercial and residential character of15
this neighborhood. This lack of maintenance, natural aging and the accelerated16
deterioration caused by flooding in the aftermath of Hurricane Katrina17 SB NO. 64
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resulting from the collapse of the flood walls along the 17
th
Street Canal have1
left most of the streets and alleyways of Lakeview in dire need of renovation and2
repair, requiring a level of expenditure over and above the normal street3
maintenance programs of the city of New Orleans and the state of Louisiana.4
Accordingly, there is hereby created within the parish of Orleans, as more5
specifically provided in Subsection B of this Section, a body politic and6
corporate which shall be known as the Lakeview Street Maintenance District,7
referred to in this Section as the "district". The district shall be a political8
subdivision of the state as defined in the Constitution of Louisiana.9
B. Boundaries. The district shall be comprised of the area of the parish10
of Orleans lying within the following perimeter: commencing at the corner of11
City Park Avenue and Orleans Avenue and proceeding in a westerly direction12
along City Park Avenue to the Pontchartrain Expressway, thence in a northerly13
direction to the intersection of Veterans Memorial Boulevard, thence in a14
westerly direction to the 17
th
Street Canal, thence in a northerly direction to15
Lake Pontchartrain, thence in an easterly direction to West End Boulevard,16
thence in a southerly direction to Robert E. Lee Boulevard, thence in an easterly17
direction to Orleans Avenue, and thence in a southerly direction to City Park18
Avenue and the point of beginning.19
C. Purpose. The district is established for the primary object and20
purpose of providing supplemental maintenance, repair and upkeep to the21
streets and alleyways and related infrastructure of Lakeview in order to achieve22
the overall betterment thereof and thus to improve the quality of life in23
Lakeview. It is the intent and purpose of this Section that the additional24
maintenance provided for through the parcel fee authorized herein shall be25
supplemental to and not in lieu of any and all street maintenance, construction26
or other work in or on the streets or alleyways of Lakeview performed or27
provided by the city of New Orleans or by the state of Louisiana, and that such28
maintenance provided by the district shall not be taken into account in29 SB NO. 64
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determining any allocation of other public funds for such work performed by1
any other public entity.2
D. Governance. (1) The district shall be governed by a board of3
commissioners, referred to in this Section as the "board", consisting of nine4
members as follows:5
(a) The president of the Lakeview Civic Improvement Association, Inc.,6
ex officio;7
(b) Three members appointed by the Board of Directors of the Lakeview8
Civic Improvement Association, Inc.;9
(c) One member appointed by the mayor of the city of New Orleans;10
(d) One member appointed by the member or members of the New11
Orleans City Council who represent the area that comprises the district;12
(e) One member appointed by the assessor of the city of New Orleans;13
(f) One member appointed by the member or members of the Louisiana14
House of Representatives who represent the area that comprises the district;15
and16
(g) One member appointed by the member or members of the Louisiana17
Senate who represent the area that comprises the district; and18
(2) All members shall be residents and qualified voters of the district.19
(3) At least one member of the board shall reside in South Lakeview20
being that area of the district south of I-610 and that at least one member of the21
board shall reside in West Lakeview being that area of the district north of22
Veterans Memorial Blvd., and west of Pontchartrain Blvd.23
(4) (a) The terms of the members appointed pursuant to Subparagraphs24
(1)(a), (c), (d), (e), (f) and (g) of this Subsection shall be concurrent with the25
respective appointing authority.26
(b) The initial terms of office for the remaining members, appointed27
pursuant to Subparagraph (1)(b), shall be two, three, or four years. One28
member shall serve two years, one shall serve three years, and one shall serve29 SB NO. 64
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four years, as determined by lot at the first meeting of the board. Subsequent1
terms shall be four years. Vacancies resulting from the expiration of a term or2
any other reason shall be filled in the manner of the original appointment.3
Members shall be eligible for reappointment.4
(5) The members of the board shall select from among themselves a5
president and such other officers as they deem appropriate. The terms and6
responsibilities of officers shall be as provided by the bylaws of the board.7
(6) The members of the board shall serve without compensation and8
shall not receive reimbursement for expenses.9
E. Powers and duties. The district, acting through its board of10
commissioners, shall have the following powers and duties:11
(1) To sue and be sued.12
(2) To adopt, use, and alter at will a corporate seal.13
(3) To receive and expend funds collected pursuant to Subsection F of14
this Section and in accordance with a budget adopted as provided by Subsection15
G of this Section.16
(4) To enter into contracts with individuals or entities, public or private,17
to provide supplemental maintenance repair and upkeep to the streets and18
alleyways and related infrastructure of Lakeview and also to enter into such19
other contracts as may be necessary to achieve the purpose of the district.20
(5) To enter into any cooperative endeavor between or among the district21
and the state, any of its local governmental subdivisions, political corporations,22
or public benefit corporations, the United States or its agencies, or any public23
or private association, corporation or individual. The term "cooperative24
endeavor" shall include, but not be limited to, cooperative financing and25
cooperative development.26
(6) To rent, lease, purchase or otherwise arrange for the use of the27
following:28
(a) Street maintenance machinery or equipment including a pot hole29 SB NO. 64
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killer, a motor grader and other similar street maintenance machinery or1
equipment; and2
(b) Such other property, items and supplies that the board deems3
necessary and instrumental to achieve the purpose of the district.4
(7) To provide supplemental maintenance, repair and upkeep to the5
streets and alleyways and related infrastructure of Lakeview in order to achieve6
the overall betterment thereof.7
(8) To perform or have performed any other function or activity8
necessary for the achievement of the purpose of the district.9
F. Parcel fee. The governing authority of the city of New Orleans is10
hereby authorized to impose and collect a parcel fee within the district subject11
to and in accordance with the provisions of this Subsection:12
(1) The amount of the fee shall be as requested by duly adopted13
resolution of the board. The fee shall be a flat fee per each parcel of land not14
to exceed one hundred fifty dollars per year for each parcel.15
(2)(a) The fee shall be imposed on each parcel located within the district.16
(b) For purposes of this Section, "parcel" means a lot, a subdivided17
portion of ground, an individual tract, or a "condominium parcel" as defined18
in R.S. 9:1121.103. Thus with respect to condominiums, the fee collector shall19
impose the parcel fee on each lot on which condominiums are situated and not20
on individual condominium units.21
(c) The owner of each parcel shall be responsible for payment of the fee.22
The tax collector shall submit the bill for a parcel fee which is to be collected23
from the condominium owners to the condominium owners association and the24
association shall pay the fee from funds available for that purpose. The25
association shall remain liable for the entire fee until it is paid.26
(3)(a) The fee shall be imposed only after the question of its imposition27
has been approved by a majority of the registered voters of the district voting28
on the proposition at an election held for that purpose in accordance with the29 SB NO. 64
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Louisiana Election Code. No other election shall be required except as provided1
by this Paragraph.2
(b) The fee shall be imposed only after the question of its imposition has3
been approved by a majority of the registered voters of the district voting on the4
proposition at an election held for that purpose in accordance with the5
Louisiana Election Code.6
(c)(i) The fee shall expire four years from its initial levy.7
(ii) The fee may be renewed as provided in Subparagraph (3)(a) of this8
Subsection.9
(4) The fee shall be collected at the same time and in the same manner10
as ad valorem taxes are collected by the city.11
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the12
city and shall be enforced with the same authority and subject to the same13
penalties and procedures as unpaid ad valorem taxes.14
(6) The city of New Orleans shall remit to the district all amounts15
collected not more than sixty days after collection. However, the city may retain16
one percent of the amount collected as a collection fee.17
G. Budget. (1) The board of commissioners shall adopt an annual18
budget in accordance with the Local Government Budget Act, R.S. 39:1301 et19
seq. The budget and all amendments shall be subject to the approval of the New20
Orleans City Council.21
(2) The district shall be subject to audit by the legislative auditor22
pursuant to R.S. 24:513.23
H. Miscellaneous provisions. (1) If the parcel fee is not approved, the24
district shall cease to exist.25
(2) If the parcel fee is not renewed, the district shall cease to exist.26
(3) If the district ceases to exist, any funds of the district shall be27
transmitted to the governing authority of the city of New Orleans, and shall be28
used solely and exclusively for providing supplemental maintenance, repair and29 SB NO. 64
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upkeep to the streets and alleyways and related infrastructure of the Lakeview1
area.2
Section 2. This Act shall become effective on July 1, 2010 .3
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
Murray (SB 64)
Proposed law creates the Lakeview Street Maintenance District and provides that the district
is established for the primary object and purpose of providing supplemental maintenance,
repair and upkeep to the streets and alleyways and related infrastructure of Lakeview in
order to achieve the overall betterment thereof and thus to improve the quality of life in
Lakeview.
Proposed law provides that the district shall be governed by a board of commissioners,
consisting of nine members as follows:
(a)The president of the Lakeview Civic Improvement Association, Inc., ex officio;
(b)Three members appointed by the board of directors of the Lakeview Civic
Improvement Association, Inc.;
(c)One member appointed by the mayor of the city of New Orleans;
(d)One member appointed by the member or members of the New Orleans City Council
who represent the area that comprises the district;
(e)One member appointed by the assessor of the city of New Orleans;
(f)One member appointed by the member or members of the Louisiana House of
Representatives who represent the area that comprises the district; and
(g)One member appointed by the member or members of the Louisiana Senate who
represent the area that comprises the district; and
Proposed law further provides:
(1)All members shall be residents and qualified voters of the district.
(2)At least one member of the board shall reside in South Lakeview and that at least one
member of the board shall reside in West Lakeview.
Proposed law provides that the district 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 proposed law and in accordance
with a budget adopted as provided by proposed law .
(4)To enter into contracts with individuals or entities, public or private, to provide SB NO. 64
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supplemental maintenance repair and upkeep to the streets and alleyways and related
infrastructure of Lakeview and also to enter into such other contracts as may be
necessary to achieve the purpose of the district.
(5)To enter into any cooperative endeavor between or among the district and the state,
any of its local governmental subdivisions, political corporations, or public benefit
corporations, the United States or its agencies, or any public or private association,
corporation or individual. The term "cooperative endeavor" shall include, but not be
limited to, cooperative financing and cooperative development.
(6)To rent, lease, purchase or otherwise arrange for the use of street maintenance
machinery or equipment including a pot hole killer, a motor grader and other similar
street maintenance machinery or equipment; and such other property, items and
supplies that the board deems necessary and instrumental to achieve the purpose of
the district.
(7)To provide supplemental maintenance, repair and upkeep to the streets and alleyways
and related infrastructure of Lakeview in order to achieve the overall betterment
thereof.
(8)To perform or have performed any other function or activity necessary for the
achievement of the purpose of the district.
Proposed law authorizes the governing authority of the city of New Orleans to impose and
collect a parcel fee within the district. Provides that the fee shall be:
(1)In an amount that shall be as requested by duly adopted resolution of the board.
(2)A flat fee per each parcel of land not to exceed $150 per year.
(3)Imposed only after approved by a majority of the registered voters of the district who
vote at an election held for that purpose in accordance with the Louisiana Election
Code.
(4)Expires four years after initial levy, but may be renewed.
Proposed law provides that the board of commissioners shall adopt an annual budget in
accordance with the Local Government Budget Act. The budget and all amendments shall
be subject to the approval of the New Orleans City Council.
Proposed law provides that the district shall be subject to audit by the legislative auditor.
Proposed law provides that if the parcel fee is not approved, the district shall cease to exist.
If the parcel fee is not renewed, the district shall cease to exist.
Proposed law provides that if the district ceases to exist, any funds of the district shall be
transmitted to the governing authority of the city of New Orleans, and shall be used solely
and exclusively for providing supplemental maintenance, repair and upkeep to the streets
and alleyways and related infrastructure of the Lakeview area.
Effective July 1, 2010.
(Adds R.S. 33:9080.4) SB NO. 64
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill.
1. Changes relative to election dates for renewal of parcel fees from 2010
congressional primary election to an election held for that purpose.