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ACT No. 417
Regular Session, 2012
HOUSE BILL NO. 843
BY REPRESENTATIVE LORUSSO
AN ACT1
To amend and reenact R.S. 33:9091.5, relative to Orleans Parish; to provide relative to the2
Lake Vista Crime Prevention District; to provide relative to the purpose and3
governance of the district; to provide relative to district funding; to change4
provisions relative to the levy of a parcel fee; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:9091.5 is hereby amended and reenacted to read as follows: 10
ยง9091.5. Lake Vista Crime Prevention District11
A. Creation. There is hereby created within the parish of Orleans, as more12
specifically provided in Subsection B of this Section, a body politic and corporate13
which shall be known as the Lake Vista Crime Prevention District, referred to in this14
Section as the "district". The district shall be a political subdivision of the state as15
defined in the Constitution of Louisiana. The purpose of the district shall be to aid16
in crime prevention and to enhance the security of district residents by providing for17
an increase in the presence of law enforcement personnel in the district.18
B. Boundaries. The boundaries of the district shall be the center line of19
Robert E. Lee Boulevard, Marconi Drive, Beauregard Avenue, and Lakeshore Drive.20
C. The purposes of the district shall be to aid in crime prevention and to21
enhance the security of district residents by providing for an increase in the presence22
of law enforcement personnel in the district.23 ENROLLEDHB NO. 843
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C. D. Governance. (1) The district shall be governed by a board of1
commissioners, referred to in this Section as the "board", consisting of seven2
members as follows:3
(a) The board of directors of the Lake Vista Property Owners Association4
shall appoint three two members.5
(b) The member or members of the Louisiana House of Representatives who6
represent the area which comprises the district shall appoint one member two7
members.8
(c) The member or members of the Louisiana Senate who represent the area9
which comprises the district shall appoint one member two members.10
(d) The member or members of the governing authority of the city of New11
Orleans who represent represents the area which comprises the district shall appoint12
one member.13
(e) The assessor for the second municipal district shall appoint one member.14
(2) All members of the board shall be residents of the district.15
(3)(a) Members shall serve four-year terms after initial terms as provided in16
Subparagraph (b) of this Paragraph.17
(b) One member shall serve an initial term of one year, two shall serve initial18
terms of two years, two shall serve initial terms of three years, and two shall serve19
initial terms of four years, as determined by lot at the first meeting of the board.20
Vacancies resulting from the expiration of a term or any other reason shall be filled21
in the manner of the original appointment. Members shall be eligible for22
reappointment., but no member shall serve more than two consecutive terms.23
(4) The members of the board shall select from among themselves a24
president and such other officers as they deem appropriate. The terms and25
responsibilities of officers shall be as provided by the bylaws of the board.26
(5) The members of the board shall serve without compensation and shall not27
receive reimbursement for expenses.28
D. E. Powers and duties. The district, acting through its board of29
commissioners, shall have the following powers and duties:30 ENROLLEDHB NO. 843
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(1) To sue and be sued.1
(2) To adopt, use, and alter at will a corporate seal.2
(3) To receive and expend funds collected pursuant to Subsection E F of this3
Section and in accordance with a budget adopted as provided by Subsection F G of4
this Section.5
(4) To enter into contracts with individuals or entities, private or public, for6
the provision of security patrols in the district.7
(5) To purchase items and supplies which the board deems instrumental to8
achieving the purpose of the district.9
(6) To perform or have performed any other function or activity necessary10
for the achievement of the purpose of the district.11
E. F. Parcel fee. The governing authority of the city of New Orleans is12
hereby authorized to impose and collect a parcel fee within the district subject to and13
in accordance with the provisions of this Subsection.14
(1) The fee shall be a flat fee per improved parcel of land and the amount of15
the fee shall be three hundred fifty dollars per year for each improved parcel, except16
that the fee shall be seven hundred dollars per year for each improved parcel with17
three or more family units The amount of the fee shall be as requested by duly18
adopted resolution of the board. The fee, which shall not exceed two hundred twenty19
dollars per parcel per year, shall be imposed on each improved or unimproved single-20
and two-family residential parcel and each multiple-dwelling or apartment parcel21
located within the district. The owner of the parcel shall be responsible for payment22
of the fee.23
(2) The fee shall be imposed on each improved parcel located within the24
district. The owner of the parcel shall be responsible for payment of the fee For25
purposes of this Section a single- and two-family residential parcel is defined as a26
lot or lots on which only one main house is situated and has not more than two27
municipal addresses. A multiple-dwelling or apartment parcel is defined as each lot28
in any square that is reserved for multiple-dwelling or apartment use.29 ENROLLEDHB NO. 843
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(3)(a) The fee shall be imposed only after the question of its imposition has1
been approved by a majority of the registered voters of the district voting at an2
election held for that purpose in accordance with the Louisiana Election Code. No3
other election shall be required except as provided by this Paragraph.4
(b) The initial election on the question of the imposition of the fee shall be5
held at the same time as the 2002 congressional primary election, as provided in R.S.6
18:402(B)(1), is held a regularly scheduled election in the city of New Orleans.7
(c) The fee shall expire at the time provided in the proposition authorizing8
the fee, not to exceed eight four years from its initial imposition, but the fee may be9
renewed as provided in Subparagraph (a) of this Paragraph. Any election to10
authorize renewal of the fee shall be held only at the same time as the mayoral11
primary election at the same time as a regularly scheduled election in the city of New12
Orleans. If renewed, the term of the imposition of the fee shall be as provided in the13
proposition authorizing such renewal, not to exceed eight four years.14
(4) The fee shall be collected at the same time and in the same manner as ad15
valorem taxes are collected by the city.16
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city17
and shall be enforced with the same authority and subject to the same penalties and18
procedures as unpaid ad valorem taxes.19
(6) The city of New Orleans shall remit to the district all amounts collected20
not more than sixty days after collection. However, the board may enter into an21
agreement with the city to authorize the city to retain, as a collection fee, not more22
than one percent of the amount collected.23
F. G. Budget. (1) The board of commissioners shall adopt an annual budget24
in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et25
seq. The budget and all amendments shall be subject to the approval of the26
governing authority of the city of New Orleans.27
(2) The district shall be subject to audit by the legislative auditor pursuant28
to R.S. 24:513.29 ENROLLEDHB NO. 843
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G. H. Miscellaneous provisions. (1) It is the purpose and intent of this1
Section that the additional law enforcement personnel and their services provided for2
through the fees authorized in this Section shall be supplemental to and not in lieu3
of personnel and services provided in the district by the New Orleans Police4
Department.5
(2) If the district ceases to exist, any funds of the district shall be transmitted6
to the governing authority of the city of New Orleans and shall be used for law7
enforcement purposes in the district.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: