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Regular Session, 2013
HOUSE BILL NO. 323
BY REPRESENTATIVES BADON, BILLIOT, WESLEY BISHOP, AND HONORE
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. (1) The district shall be comprised of all property located17
in Eastover Subdivision within the following boundaries: the northern boundary is18
the northern boundary of the Eastover Subdivision, the southern boundary is Dwyer19 HLS 13RS-186 ENGROSSED
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Road, the eastern boundary is the I-10 Service Road, and the western boundary is the1
Jahncke Canal.2
(2) The property located at 5690 Eastover Drive shall not be included in the3
district as long as a sales and administration office is located on the property and the4
office is available to the board to conduct its business.5
C. Purpose. The district is established for the primary object and purpose of6
promoting and encouraging the beautification, security, and overall betterment of the7
district.8
D. Governance. (1) In order for the orderly development and effectuation9
of the services to be furnished by the district and to provide for the representation in10
the affairs of the district of those persons and interests immediately concerned with11
and affected by the purposes and development of the area included within the12
district, the affairs of the district shall be managed by the members of the Eastover13
Property Owner's Association's board of directors, referred to in this Section as the14
"board".15
(2) The minute books and archives of the district shall be maintained by the16
board's secretary. The monies, funds, and accounts of the district shall be in the17
official custody of the board.18
(3) The duties of the officers shall be fixed by bylaws adopted by the board.19
The board shall adopt such rules and regulations as it deems necessary or advisable20
for conducting its business affairs. It shall hold regular meetings as shall be provided21
in the bylaws and may hold special meetings at such times and places within the22
district as may be prescribed in the bylaws.23
(4) A majority of the members of the board shall constitute a quorum for the24
transaction of business. The board shall keep minutes of all meetings and shall make25
them available through the board's secretary to residents of the district.26
(5) The members of the board shall serve without compensation.27
E. Powers and duties. The district, acting through the board, shall have the28
following powers and duties:29 HLS 13RS-186 ENGROSSED
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(1) To receive and expend funds collected pursuant to Subsection F of this1
Section and in accordance with a budget adopted as provided by Subsection G of this2
Section.3
(2) To enter into contracts with individuals or entities, private or public, for4
the provision of security patrols in the district.5
(3) To purchase items and supplies which the board deems instrumental to6
achieving the purpose of the district.7
(4) To perform or have performed any other function or activity necessary8
for the achievement of the purpose of the district.9
F. Parcel fee. The governing authority of the city of New Orleans is hereby10
authorized to impose and collect a parcel fee within the district subject to and in11
accordance with the provisions of this Subsection.12
(1)(a) The amount of the fee shall be as requested by duly adopted resolution13
of the board. The fee shall be a flat fee per parcel of land, and the initial fee shall be14
sixteen hundred fifty-two dollars per year for each parcel.15
(b) If multiple adjacent parcels are combined for the purpose of housing a16
single family dwelling, the flat fee for the combined parcel shall be calculated to be17
one and four tenths times the single parcel fee for two adjacent parcels and one and18
six tenths times the single parcel fee for three or more adjacent parcels.19
(2)(a) The fee shall be imposed on each parcel located within the district.20
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion21
of ground, an individual tract, or a "condominium parcel" as defined in R.S.22
9:1121.103.23
(c) The owner of each parcel shall be responsible for payment of the fee.24
(3)(a) The fee shall be imposed only after the question of its imposition has25
been approved by a majority of the registered voters of the district voting on the26
proposition at an election held for that purpose in accordance with the Louisiana27
Election Code.28 HLS 13RS-186 ENGROSSED
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(b) The amount of the fee may be increased or decreased by duly adopted1
resolution of the board if approved by a majority of the registered voters of the2
district voting on the proposition at an election as provided in Subparagraph (a) of3
this Paragraph.4
(4) The fee shall be collected at the same time and in the same manner as ad5
valorem taxes on property subject to taxation by the city are collected.6
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city7
and shall be enforced with the same authority and subject to the same penalties and8
procedures as unpaid ad valorem taxes.9
(6)(a) The proceeds of the fee shall be used solely and exclusively for the10
purpose and benefit of the district; however, the city may retain one percent of the11
amount collected as a collection fee.12
(b) The city of New Orleans shall remit to the district all amounts collected13
not more than sixty days after collection.14
G. Budget. (1) The board shall adopt an annual budget in accordance with15
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.16
(2) The district shall be subject to audit by the legislative auditor pursuant17
to R.S. 24:513.18
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section19
that the additional law enforcement or security personnel and their services provided20
for through the fees authorized in this Section shall be supplemental to and not in21
lieu of personnel and services provided in the district by the New Orleans Police22
Department.23
(2) If the district ceases to exist, all funds of the district shall be transmitted24
by the board to the city of New Orleans, and such funds, together with any other25
funds collected by the city of New Orleans pursuant to this Section, shall be26
maintained in a separate account by the city and shall be used only to promote,27
encourage, and enhance the security, beautification, and overall betterment of the28
area included in the district.29 HLS 13RS-186 ENGROSSED
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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 and excludes certain property from the
district.
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. Provides for a reduced
combined parcel fee if multiple adjacent parcels are combined for the purpose of housing
a single family dwelling. Provides relative to calculating the combined parcel fee. 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 HLS 13RS-186 ENGROSSED
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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.
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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Makes changes to the district's boundaries and excludes certain property from the
district.
2. Adds provision for a reduced combined parcel fee if multiple adjacent parcels are
combined for the purpose of housing a single family dwelling.