HLS 13RS-186 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 323
BY REPRESENTATIVE BADON
DISTRICTS/NEIGHBORHOOD: Creates the Eastover Neighborhood Improvement and
Security District in Orleans Parish
AN ACT1
To enact R.S. 33:9091.21, relative to Orleans Parish; to create the Eastover Neighborhood2
Improvement and Security District within the parish; to provide relative to the3
purpose, governance, and powers and duties of the district; to provide for the4
imposition of a parcel fee and for the use thereof; 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. 33:9091.21 is hereby enacted to read as follows:10
ยง9091.21. Eastover Neighborhood Improvement and Security 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 Eastover Neighborhood Improvement and Security14
District, referred to in this Section as the "district". The district shall be a political15
subdivision of the state as defined in the Constitution of Louisiana.16
B. Boundaries. The district shall be comprised of all property located on the17
following streets: Eastover Drive, Horseshoe Bend Drive, Cypress Point Court,18
Oakmont Drive, Eastpoint Court, Turnberry Drive, Doral Court, Pinehurst Court,19 HLS 13RS-186 ORIGINAL
HB NO. 323
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Eastview Drive, Quail Run Court, Murfield Drive, Torrey Pines Drive, Greenbrier1
Drive, and Bent Tree Court.2
C. Purpose. The district is established for the primary object and purpose of3
promoting and encouraging the beautification, security, and overall betterment of the4
district.5
D. Governance. (1) In order for the orderly development and effectuation6
of the services to be furnished by the district and to provide for the representation in7
the affairs of the district of those persons and interests immediately concerned with8
and affected by the purposes and development of the area included within the9
district, the affairs of the district shall be managed by the members of the Eastover10
Property Owner's Association's board of directors, referred to in this Section as the11
"board".12
(2) The minute books and archives of the district shall be maintained by the13
board's secretary. The monies, funds, and accounts of the district shall be in the14
official custody of the board.15
(3) The duties of the officers shall be fixed by bylaws adopted by the board.16
The board shall adopt such rules and regulations as it deems necessary or advisable17
for conducting its business affairs. It shall hold regular meetings as shall be provided18
in the bylaws and may hold special meetings at such times and places within the19
district as may be prescribed in the bylaws.20
(4) A majority of the members of the board shall constitute a quorum for the21
transaction of business. The board shall keep minutes of all meetings and shall make22
them available through the board's secretary to residents of the district.23
(5) The members of the board shall serve without compensation.24
E. Powers and duties. The district, acting through the board, shall have the25
following powers and duties:26
(1) To receive and expend funds collected pursuant to Subsection F of this27
Section and in accordance with a budget adopted as provided by Subsection G of this28
Section.29 HLS 13RS-186 ORIGINAL
HB NO. 323
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(2) To enter into contracts with individuals or entities, private or public, for1
the provision of security patrols in the district.2
(3) To purchase items and supplies which the board deems instrumental to3
achieving the purpose of the district.4
(4) To perform or have performed any other function or activity necessary5
for the achievement of the purpose of the district.6
F. Parcel fee. The governing authority of the city of New Orleans is hereby7
authorized to impose and collect a parcel fee within the district subject to and in8
accordance with the provisions of this Subsection.9
(1) The amount of the fee shall be as requested by duly adopted resolution10
of the board. The fee shall be a flat fee per parcel of land, and the initial fee shall be11
sixteen hundred fifty-two dollars per year for each parcel.12
(2)(a) The fee shall be imposed on each parcel located within the district.13
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion14
of ground, an individual tract, or a "condominium parcel" as defined in R.S.15
9:1121.103.16
(c) The owner of each parcel shall be responsible for payment of the fee.17
(3)(a) The fee shall be imposed only after the question of its imposition has18
been approved by a majority of the registered voters of the district voting on the19
proposition at an election held for that purpose in accordance with the Louisiana20
Election Code.21
(b) The amount of the fee may be increased or decreased by duly adopted22
resolution of the board if approved by a majority of the registered voters of the23
district voting on the proposition at an election as provided in Subparagraph (a) of24
this Paragraph.25
(4) The fee shall be collected at the same time and in the same manner as ad26
valorem taxes on property subject to taxation by the city are collected.27 HLS 13RS-186 ORIGINAL
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(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city1
and shall be enforced with the same authority and subject to the same penalties and2
procedures as unpaid ad valorem taxes.3
(6)(a) The proceeds of the fee shall be used solely and exclusively for the4
purpose and benefit of the district; however, the city may retain one percent of the5
amount collected as a collection fee.6
(b) The city of New Orleans shall remit to the district all amounts collected7
not more than sixty days after collection.8
G. Budget. (1) The board shall adopt an annual budget in accordance with9
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.10
(2) The district shall be subject to audit by the legislative auditor pursuant11
to R.S. 24:513.12
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section13
that the additional law enforcement or security personnel and their services provided14
for through the fees authorized in this Section shall be supplemental to and not in15
lieu of personnel and services provided in the district by the New Orleans Police16
Department.17
(2) If the district ceases to exist, all funds of the district shall be transmitted18
by the board to the city of New Orleans, and such funds, together with any other19
funds collected by the city of New Orleans pursuant to this Section, shall be20
maintained in a separate account by the city and shall be used only to promote,21
encourage, and enhance the security, beautification, and overall betterment of the22
area included in the district.23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 HLS 13RS-186 ORIGINAL
HB NO. 323
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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)]
Badon HB No. 323
Abstract: Creates the Eastover Neighborhood Improvement and Security District in
Orleans Parish for the purpose of promoting and encouraging the beautification,
security, and overall betterment of the district. Provides for a board of
commissioners and for the imposition and use of a parcel fee.
Proposed law creates the Eastover Neighborhood Improvement and Security 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 that
the district shall be governed by the members of the Eastover Property Owner's Association's
board of directors. Provides for district boundaries.
Proposed law provides that the district has the following powers and duties:
(1)To receive and expend funds collected pursuant to proposed law and in accordance
with a budget adopted as provided by proposed law.
(2)To enter into contracts with individuals or entities, private or public, for the
provision of security patrols.
(3)To purchase items and supplies instrumental to achieving the district's purpose.
(4)To perform or have performed any other function or activity necessary for achieving
the district's purpose.
Proposed law authorizes the governing authority of the city of New Orleans, subject to voter
approval, to impose and collect a parcel fee within the district which amount shall be as
requested by duly adopted board resolution. Provides that the fee shall be a flat fee per
parcel of land and the initial fee shall be $1,652 per year. Provides that the amount of the
fee may be increased or decreased, subject to voter approval. Defines a parcel as a lot, a
subdivided portion of ground, an individual tract, or a condominium parcel as defined in
present law (R.S. 9:1121.103).
Proposed law provides that the fee shall be collected in the same manner and at the same
time as ad valorem taxes and that any unpaid fee shall be added to the city tax rolls and
enforced with the same authority and subject to the same penalties and procedures as unpaid
ad valorem taxes. Proposed law requires that the fee proceeds be used solely and exclusively
for the district's purpose and benefit. Authorizes the city to retain 1% of the amount
collected as a collection fee and requires the city to remit to the district all amounts collected
not more than 60 days after collection.
Proposed law requires the district's board 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 provides that it is the purpose and intent of proposed law that the additional
law enforcement personnel and their services provided for through the fees authorized by
proposed law shall be supplemental to and not in lieu of personnel and services provided in
the district by the New Orleans Police Dept. HLS 13RS-186 ORIGINAL
HB NO. 323
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Proposed law requires the district's board, if the district ceases to exist, to transmit all district
funds to the city. Requires that such funds together with any other funds collected by the
city pursuant to proposed law be maintained in a separate account by the city. Requires that
such funds be used only to promote, encourage, and enhance the security, beautification, and
overall betterment of the area included in the district.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:9091.21)