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Regular Session, 2010 ENROLLED
SENATE BILL NO. 64
BY SENATOR MURRAY
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
resulting from the collapse of the flood walls along the 17
th
Street Canal have18
left most of the streets and alleyways of Lakeview in dire need of renovation and19
repair, requiring a level of expenditure over and above the normal street20
maintenance programs of the city of New Orleans and the state of Louisiana.21
Accordingly, there is hereby created within the parish of Orleans, as more22
specifically provided in Subsection B of this Section, a body politic and23
corporate which shall be known as the Lakeview Street Maintenance District,24
referred to in this Section as the "district". The district shall be a political25
subdivision of the state as defined in the Constitution of Louisiana.26
B. Boundaries. The district shall be comprised of the area of the parish27
ACT No. 635 SB NO. 64 ENROLLED
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of Orleans lying within the following perimeter: commencing at the corner of1
City Park Avenue and Orleans Avenue and proceeding in a westerly direction2
along City Park Avenue to the Pontchartrain Expressway, thence in a northerly3
direction to the intersection of Veterans Memorial Boulevard, thence in a4
westerly direction to the 17
th
Street Canal, thence in a northerly direction to5
Lake Pontchartrain, thence in an easterly direction to West End Boulevard,6
thence in a southerly direction to Robert E. Lee Boulevard, thence in an easterly7
direction to Orleans Avenue, and thence in a southerly direction to City Park8
Avenue and the point of beginning.9
C. Purpose. The district is established for the primary object and10
purpose of providing supplemental maintenance, repair and upkeep to the11
streets and alleyways and related infrastructure of Lakeview in order to achieve12
the overall betterment thereof and thus to improve the quality of life in13
Lakeview. It is the intent and purpose of this Section that the additional14
maintenance provided for through the parcel fee authorized herein shall be15
supplemental to and not in lieu of any and all street maintenance, construction16
or other work in or on the streets or alleyways of Lakeview performed or17
provided by the city of New Orleans or by the state of Louisiana, and that such18
maintenance provided by the district shall not be taken into account in19
determining any allocation of other public funds for such work performed by20
any other public entity.21
D. Governance. (1) The district shall be governed by a board of22
commissioners, referred to in this Section as the "board", consisting of nine23
members as follows:24
(a) The president of the Lakeview Civic Improvement Association, Inc.,25
ex officio;26
(b) Three members appointed by the Board of Directors of the Lakeview27
Civic Improvement Association, Inc.;28
(c) One member appointed by the mayor of the city of New Orleans;29
(d) One member appointed by the member or members of the New30 SB NO. 64 ENROLLED
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Orleans City Council who represent the area that comprises the district;1
(e) One member appointed by the assessor of the city of New Orleans;2
(f) One member appointed by the member or members of the Louisiana3
House of Representatives who represent the area that comprises the district;4
and5
(g) One member appointed by the member or members of the Louisiana6
Senate who represent the area that comprises the district.7
(2) All members shall be residents and qualified voters of the district.8
(3) At least one member of the board shall reside in South Lakeview9
being that area of the district south of I-610 and that at least one member of the10
board shall reside in West Lakeview being that area of the district north of11
Veterans Memorial Blvd., and west of Pontchartrain Blvd.12
(4) (a) The terms of the members appointed pursuant to Subparagraphs13
(1)(a), (c), (d), (e), (f) and (g) of this Subsection shall be concurrent with the14
respective appointing authority.15
(b) The initial terms of office for the remaining members, appointed16
pursuant to Subparagraph (1)(b), shall be two, three, or four years. One17
member shall serve two years, one shall serve three years, and one shall serve18
four years, as determined by lot at the first meeting of the board. Subsequent19
terms shall be four years. Vacancies resulting from the expiration of a term or20
any other reason shall be filled in the manner of the original appointment.21
Members shall be eligible for reappointment.22
(5) The members of the board shall select from among themselves a23
president and such other officers as they deem appropriate. The terms and24
responsibilities of officers shall be as provided by the bylaws of the board.25
(6) The members of the board shall serve without compensation and26
shall not receive reimbursement for expenses.27
E. Powers and duties. The district, acting through its board of28
commissioners, shall have the following powers and duties:29
(1) To sue and be sued.30 SB NO. 64 ENROLLED
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(2) To adopt, use, and alter at will a corporate seal.1
(3) To receive and expend funds collected pursuant to Subsection F of2
this Section and in accordance with a budget adopted as provided by Subsection3
G of this Section.4
(4) To enter into contracts with individuals or entities, public or private,5
to provide supplemental maintenance repair and upkeep to the streets and6
alleyways and related infrastructure of Lakeview and also to enter into such7
other contracts as may be necessary to achieve the purpose of the district.8
(5) To enter into any cooperative endeavor between or among the district9
and the state, any of its local governmental subdivisions, political corporations,10
or public benefit corporations, the United States or its agencies, or any public11
or private association, corporation or individual. The term "cooperative12
endeavor" shall include, but not be limited to, cooperative financing and13
cooperative development.14
(6) To rent, lease, purchase or otherwise arrange for the use of the15
following:16
(a) Street maintenance machinery or equipment including a pot hole17
killer, a motor grader and other similar street maintenance machinery or18
equipment; and19
(b) Such other property, items and supplies that the board deems20
necessary and instrumental to achieve the purpose of the district.21
(7) To provide supplemental maintenance, repair and upkeep to the22
streets and alleyways and related infrastructure of Lakeview in order to achieve23
the overall betterment thereof.24
(8) To perform or have performed any other function or activity25
necessary for the achievement of the purpose of the district.26
F. Parcel fee. The governing authority of the city of New Orleans is27
hereby authorized to impose and collect a parcel fee within the district subject28
to and in accordance with the provisions of this Subsection:29
(1) The amount of the fee shall be as requested by duly adopted30 SB NO. 64 ENROLLED
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resolution of the board. The fee shall be a flat fee per each parcel of land not1
to exceed one hundred fifty dollars per year for each parcel.2
(2)(a) The fee shall be imposed on each parcel located within the district.3
(b) For purposes of this Section, "parcel" means a lot, a subdivided4
portion of ground, an individual tract, or a "condominium parcel" as defined5
in R.S. 9:1121.103. Thus with respect to condominiums, the fee collector shall6
impose the parcel fee on each lot on which condominiums are situated and not7
on individual condominium units.8
(c) The owner of each parcel shall be responsible for payment of the fee.9
The tax collector shall submit the bill for a parcel fee which is to be collected10
from the condominium owners to the condominium owners association and the11
association shall pay the fee from funds available for that purpose. The12
association shall remain liable for the entire fee until it is paid.13
(3)(a) The fee shall be imposed only after the question of its imposition14
has been approved by a majority of the registered voters of the district voting15
on the proposition at an election held for that purpose in accordance with the16
Louisiana Election Code. No other election shall be required except as provided17
by this Paragraph.18
(b) The fee shall be imposed only after the question of its imposition has19
been approved by a majority of the registered voters of the district voting on the20
proposition at an election held for that purpose in accordance with the21
Louisiana Election Code.22
(c)(i) The fee shall expire four years from its initial levy.23
(ii) The fee may be renewed as provided in Subparagraph (3)(a) of this24
Subsection.25
(4) The fee shall be collected at the same time and in the same manner26
as ad valorem taxes are collected by the city.27
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the28
city and shall be enforced with the same authority and subject to the same29
penalties and procedures as unpaid ad valorem taxes.30 SB NO. 64 ENROLLED
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(6) The city of New Orleans shall remit to the district all amounts1
collected not more than sixty days after collection. However, the city may retain2
one percent of the amount collected as a collection fee.3
G. Budget. (1) The board of commissioners shall adopt an annual4
budget in accordance with the Local Government Budget Act, R.S. 39:1301 et5
seq. The budget and all amendments shall be subject to the approval of the New6
Orleans City Council.7
(2) The district shall be subject to audit by the legislative auditor8
pursuant to R.S. 24:513.9
H. Miscellaneous provisions. (1) If the parcel fee is not approved, the10
district shall cease to exist.11
(2) If the parcel fee is not renewed, the district shall cease to exist.12
(3) If the district ceases to exist, any funds of the district shall be13
transmitted to the governing authority of the city of New Orleans, and shall be14
used solely and exclusively for providing supplemental maintenance, repair and15
upkeep to the streets and alleyways and related infrastructure of the Lakeview16
area.17
Section 2. This Act shall become effective on July 1, 2010 .18
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: