ENROLLED
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ACT No. 244
Regular Session, 2013
HOUSE BILL NO. 323
BY REPRESENTATIVES BADON, BILLIOT, WESLEY BISHOP, AND HONORE
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
Road, the eastern boundary is the I-10 Service Road, and the western boundary is the20
Jahncke Canal.21 ENROLLEDHB NO. 323
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(2) The property located at 5690 Eastover Drive shall not be included in the1
district as long as a sales and administration office is located on the property and the2
office is available to the board to conduct its business.3
C. Purpose. The district is established for the primary object and purpose of4
promoting and encouraging the beautification, security, and overall betterment of the5
district.6
D. Governance. (1) In order for the orderly development and effectuation7
of the services to be furnished by the district and to provide for the representation in8
the affairs of the district of those persons and interests immediately concerned with9
and affected by the purposes and development of the area included within the10
district, the affairs of the district shall be managed by the members of the Eastover11
Property Owner's Association's board of directors, referred to in this Section as the12
"board".13
(2) The minute books and archives of the district shall be maintained by the14
board's secretary. The monies, funds, and accounts of the district shall be in the15
official custody of the board.16
(3) The duties of the officers shall be fixed by bylaws adopted by the board.17
The board shall adopt such rules and regulations as it deems necessary or advisable18
for conducting its business affairs. It shall hold regular meetings as shall be provided19
in the bylaws and may hold special meetings at such times and places within the20
district as may be prescribed in the bylaws.21
(4) A majority of the members of the board shall constitute a quorum for the22
transaction of business. The board shall keep minutes of all meetings and shall make23
them available through the board's secretary to residents of the district.24
(5) The members of the board shall serve without compensation.25
E. Powers and duties. The district, acting through the board, shall have the26
following powers and duties:27
(1) To receive and expend funds collected pursuant to Subsection F of this28
Section and in accordance with a budget adopted as provided by Subsection G of this29
Section.30 ENROLLEDHB 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)(a) 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
(b) If multiple adjacent parcels are combined for the purpose of housing a13
single family dwelling, the flat fee for the combined parcel shall be calculated to be14
one and four tenths times the single parcel fee for two adjacent parcels and one and15
six tenths times the single parcel fee for three or more adjacent parcels.16
(2)(a) The fee shall be imposed on each parcel located within the district.17
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion18
of ground, an individual tract, or a "condominium parcel" as defined in R.S.19
9:1121.103.20
(c) The owner of each parcel shall be responsible for payment of the fee.21
(3)(a) The fee shall be imposed only after the question of its imposition has22
been approved by a majority of the registered voters of the district voting on the23
proposition at an election held for that purpose in accordance with the Louisiana24
Election Code.25
(b) The amount of the fee may be increased or decreased by duly adopted26
resolution of the board if approved by a majority of the registered voters of the27
district voting on the proposition at an election as provided in Subparagraph (a) of28
this Paragraph.29 ENROLLEDHB NO. 323
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(4) The fee shall be collected at the same time and in the same manner as ad1
valorem taxes on property subject to taxation by the city are collected.2
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city3
and shall be enforced with the same authority and subject to the same penalties and4
procedures as unpaid ad valorem taxes.5
(6)(a) The proceeds of the fee shall be used solely and exclusively for the6
purpose and benefit of the district; however, the city may retain one percent of the7
amount collected as a collection fee.8
(b) The city of New Orleans shall remit to the district all amounts collected9
not more than sixty days after collection.10
G. Budget. (1) The board shall adopt an annual budget in accordance with11
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.12
(2) The district shall be subject to audit by the legislative auditor pursuant13
to R.S. 24:513.14
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section15
that the additional law enforcement or security personnel and their services provided16
for through the fees authorized in this Section shall be supplemental to and not in17
lieu of personnel and services provided in the district by the New Orleans Police18
Department.19
(2) If the district ceases to exist, all funds of the district shall be transmitted20
by the board to the city of New Orleans, and such funds, together with any other21
funds collected by the city of New Orleans pursuant to this Section, shall be22
maintained in a separate account by the city and shall be used only to promote,23
encourage, and enhance the security, beautification, and overall betterment of the24
area included in the district.25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28 ENROLLEDHB NO. 323
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: