ENROLLED
ACT No. 85
2017 Regular Session
HOUSE BILL NO. 329
BY REPRESENTATIVE BAGNERIS
1 AN ACT
2 To amend and reenact R.S. 33:9077(D) and (F)(5)(b), relative to Orleans Parish; to provide
3 relative to the Lake Barrington Subdivision Improvement District; to provide relative
4 to the governing board of the district; to provide relative to the membership of the
5 board; to provide relative to the special taxes and fees levied within the district; to
6 provide relative to the renewal of such taxes and fees; and to provide for related
7 matters.
8 Notice of intention to introduce this Act has been published
9 as provided by Article III, Section 13 of the Constitution of
10 Louisiana.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 33:9077(D) and (F)(5)(b) are hereby amended and reenacted to read
13 as follows:
14 ยง9077. Lake Barrington Subdivision Improvement District
15 * * *
16 D. Governance. (1) In order to provide for the orderly development of the
17 district and effectuation of the services to be furnished by the district and to provide
18 for the representation in the affairs of the district of those persons and interests
19 immediately concerned with and affected by the purposes and development of the
20 area, the district shall be managed by a seven-member board of commissioners,
21 referred to in this Section as the "board". Each member of the board shall be a
22 qualified voter and resident of the district and shall be appointed as follows:
23 (a) Three members shall be appointed by the board of directors of the Lake
24 Barrington Homeowners Association.
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 329 ENROLLED
1 (b) One member shall be appointed by the mayor of the city of New Orleans.
2 (c) One member shall be appointed jointly by any members of the governing
3 authority of the city of New Orleans who represent the area which comprises the
4 district.
5 (d) One member shall be appointed jointly by any members of the Louisiana
6 House of Representatives who represent the area which comprises the district.
7 (e) One member shall be appointed jointly by any members of the Louisiana
8 Senate who represent the area which comprises the district.
9 (2)(a) Members shall serve four-year terms after initial terms as provided in
10 Subparagraph (b) of this Paragraph.
11 (b) Two members shall serve an initial term of one year; two shall serve an
12 initial term of two years; two shall serve an initial term of three years; and one shall
13 serve an initial term of four years, as determined by lot at the first meeting of the
14 board. Such members shall serve until their successors have been appointed and
15 qualified.
16 (c) Any vacancy which occurs prior to the expiration of the term for which
17 a member of the board has been appointed shall be filled for the remainder of the
18 unexpired term in the same manner as the original appointment.
19 (3) The board shall elect from its members a chairman, a vice chairman, a
20 secretary-treasurer, and such other officers as it may deem necessary. The duties of
21 the officers shall be fixed by the bylaws adopted by the board.
22 (4) The minute books and archives of the district shall be maintained by the
23 secretary of the board. The monies, funds, and accounts of the district shall be in the
24 official custody of the board.
25 (5) The board shall adopt such rules and regulations as it deems necessary
26 or advisable for conducting its business affairs. It shall hold regular meetings as
27 shall be provided in the bylaws and may hold special meetings at such times and
28 places within the district as may be prescribed in the bylaws.
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 329 ENROLLED
1 (6) A majority of the members of the board shall constitute a quorum for the
2 transaction of business. The board shall keep minutes of all meetings and shall make
3 them available through the secretary of the board to the residents of the district.
4 (7) The members of the board shall serve without compensation.
5 (1) The district shall be governed by a seven-member board of
6 commissioners, referred to in this Section as the "board". The board shall be
7 composed as follows:
8 (a) Three officers of the governing board of the Lake Barrington
9 Homeowners Association shall be members and shall be appointed by the governing
10 board of the association.
11 (b) Four members shall be appointed by the members of the Lake Barrington
12 Homeowners Association, all of whom shall be members of the association.
13 (c) Each member shall be a qualified voter and resident of the district.
14 (2)(a) The members appointed pursuant to Subparagraph(1)(b) of this
15 Subsection shall serve four-year terms after initial terms as provided in this
16 Subparagraph. One member shall serve an initial term of one year; one shall serve
17 an initial term of two years; one shall serve an initial term of three years; and one
18 shall serve an initial term of four years, as determined by lot at the first meeting of
19 the board. Such members shall serve until their successors have been appointed and
20 qualified.
21 (b) The members serving pursuant to Subparagraph(1)(a) of this Subsection
22 shall serve during their terms of office.
23 (c) Any vacancy which occurs prior to the expiration of the term for which
24 a member of the board has been appointed shall be filled for the remainder of the
25 unexpired term in the same manner as the original appointment.
26 (3) The board shall elect from its members a chairman, a vice chairman, a
27 secretary-treasurer, and such other officers as it may deem necessary. The duties of
28 the officers shall be fixed by the bylaws adopted by the board.
29 (4) A majority of the members of the board shall constitute a quorum for the
30 transaction of business.
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 329 ENROLLED
1 (5) The members of the board shall serve without compensation.
2 (6) The board shall adopt such rules and regulations as it deems necessary
3 or advisable for conducting its business affairs. It shall hold regular meetings as shall
4 be provided in the bylaws and may hold special meetings at such times and places
5 within the district as may be prescribed in the bylaws.
6 (7) The board shall keep minutes of all meetings and shall make them
7 available through the secretary of the board to the residents of the district.
8 (8) The monies, funds, and accounts of the district shall be in the official
9 custody of the board.
10 * * *
11 F. Taxing authority.
12 * * *
13 (5)
14 * * *
15 (b) The tax or fee shall expire at the time provided in the proposition
16 authorizing the tax or fee, not to exceed eight years from its initial imposition, but
17 the tax or fee may be renewed as provided in Subparagraph (a) of this Paragraph.
18 Any election to authorize renewal of the tax or fee shall be held only at the same
19 time as the mayoral primary election a regularly scheduled election in the city of
20 New Orleans. If renewed, the term of the imposition of the tax or fee shall be as
21 provided in the proposition authorizing such renewal, not to exceed eight years.
22 * * *
23 Section 2. The terms of the members of the governing board of the Lake Barrington
24 Subdivision Improvement District in office on the effective date of this Act shall terminate
25 on the effective date of this Act; however, such members shall remain in office until the
26 board members are appointed as provided in this Act and take office.
27 Section 3. This Act shall become effective upon signature by the governor or, if not
28 signed by the governor, upon expiration of the time for bills to become law without signature
29 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 329 ENROLLED
1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.