Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

A.  Creation.  Most of the streets in that area of the city of New Orleans known as Lakeview were restructured in the 1950s and 1960s and provided the infrastructure for the development of a modern and desirable neighborhood.  This was done through a cooperative effort between the citizens of this area and the appropriate governmental entities.  These streets have not been maintained in a manner commensurate with the commercial and residential character of this neighborhood.  This lack of maintenance, natural aging and the accelerated deterioration caused by flooding in the aftermath of Hurricane Katrina resulting from the collapse of the flood walls along the 17^th Street Canal have left most of the streets and alleyways of Lakeview in dire need of renovation and repair, requiring a level of expenditure over and above the normal street maintenance programs of the city of New Orleans and the state of Louisiana.  Accordingly, there is hereby created within the parish of Orleans, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Lakeview Street Maintenance District, referred to in this Section as the “district”.  The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.

B.  Boundaries.  The district shall be comprised of the area of the parish of Orleans lying within the following perimeter: commencing at the corner of City Park Avenue and Orleans Avenue and proceeding in a westerly direction along City Park Avenue to the Pontchartrain Expressway, thence in a northerly direction to the intersection of Veterans Memorial Boulevard, thence in a westerly direction to the 17^th Street Canal, thence in a northerly direction to Lake Pontchartrain, thence in an easterly direction to West End Boulevard, thence in a southerly direction to Robert E. Lee Boulevard, thence in an easterly direction to Orleans Avenue, and thence in a southerly direction to City Park Avenue and the point of beginning.

C.  Purpose.  The district is established for the primary object and purpose of providing supplemental maintenance, repair and upkeep to the streets and alleyways and related infrastructure of Lakeview in order to achieve the overall betterment thereof and thus to improve the quality of life in Lakeview.  It is the intent and purpose of this Section that the additional maintenance provided for through the parcel fee authorized herein shall be supplemental to and not in lieu of any and all street maintenance, construction or other work in or on the streets or alleyways of Lakeview performed or provided by the city of New Orleans or by the state of Louisiana, and that such maintenance provided by the district shall not be taken into account in determining any allocation of other public funds for such work performed by any other public entity.

D.  Governance.  (1)  The district shall be governed by a board of commissioners, referred to in this Section as the “board”, consisting of nine members as follows:

(a)  The president of the Lakeview Civic Improvement Association, Inc., ex officio.

(b)  Three members appointed by the Board of Directors of the Lakeview Civic Improvement Association, Inc.

(c)  One member appointed by the mayor of the city of New Orleans.

(d)  One member appointed by the member or members of the New Orleans City Council who represent the area that comprises the district.

(e)  One member appointed by the assessor of the city of New Orleans.

(f)  One member appointed by the member or members of the Louisiana House of Representatives who represent the area that comprises the district.

(g)  One member appointed by the member or members of the Louisiana Senate who represent the area that comprises the district.

(2)  All members shall be residents and qualified voters of the district.

(3)  At least one member of the board shall reside in South Lakeview being that area of the district south of I-610 and that at least one member of the board shall reside in West Lakeview being that area of the district north of Veterans Memorial Blvd., and west of Pontchartrain Blvd.

(4)(a)  The terms of the members appointed pursuant to Subparagraphs (1)(a), (c), (d), (e), (f) and (g) of this Subsection shall be concurrent with the  respective appointing authority.

(b)  The initial terms of office for the remaining members, appointed pursuant to Subparagraph (1)(b), shall be two, three, or four years.  One member shall serve two years, one shall serve three years, and one shall serve four years, as determined by lot at the first meeting of the board.  Subsequent terms shall be four years.  Vacancies resulting from the expiration of a term or any other reason shall be filled in the manner of the original appointment.  Members shall be eligible for reappointment.

(5)  The members of the board shall select from among themselves a  president and such other officers as they deem appropriate.  The terms and responsibilities of officers shall be as provided by the bylaws of the board.

(6)  The members of the board shall serve without compensation and shall not receive reimbursement for expenses.

E.  Powers and duties.  The district, acting through its board of commissioners, shall have the following powers and duties:

(1)  To sue and be sued.

(2)  To adopt, use, and alter at will a corporate seal.

(3)  To receive and expend funds collected pursuant to Subsection F of this Section and in accordance with a budget adopted as provided by Subsection G of this Section.

(4)  To enter into contracts with individuals or entities, public or private, to provide supplemental maintenance repair and upkeep to the streets and alleyways and related infrastructure of Lakeview and also to enter into such other contracts as may be necessary to achieve the purpose of the district.

(5)  To enter into any cooperative endeavor between or among the district and the state, any of its local governmental subdivisions, political corporations, or public benefit corporations, the United States or its agencies, or any public or private association, corporation or individual.  The term “cooperative endeavor” shall include, but not be limited to, cooperative financing and cooperative development.

(6)  To rent, lease, purchase or otherwise arrange for the use of the following:

(a)  Street maintenance machinery or equipment including a pot hole killer, a motor grader and other similar street maintenance machinery or equipment.

(b)  Such other property, items and supplies that the board deems necessary and instrumental to achieve the purpose of the district.

(7)  To provide supplemental maintenance, repair and upkeep to the streets and alleyways and related infrastructure of Lakeview in order to achieve the overall betterment thereof.

(8)  To perform or have performed any other function or activity necessary for the achievement of the purpose of the district.

F.  Parcel fee.  The governing authority of the city of New Orleans is hereby authorized to impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection:

(1)  The amount of the fee shall be as requested by duly adopted resolution of the board.  The fee shall be a flat fee per each parcel of land not to exceed one hundred fifty dollars per year for each parcel.

(2)(a)  The fee shall be imposed on each parcel located within the district.

(b)  For purposes of this Section, “parcel” means a lot, a subdivided portion of ground, an individual tract, or a “condominium parcel” as defined in La. Rev. Stat. 9:1121.103.  Thus with respect to condominiums, the fee collector shall impose the parcel fee on each lot on which condominiums are situated and not on individual condominium units.

(c)  The owner of each parcel shall be responsible for payment of the fee.  The tax collector shall submit the bill for a parcel fee which is to be collected from the condominium owners to the condominium owners association and the association shall pay the fee from funds available for that purpose.  The association shall remain liable for the entire fee until it is paid.

(3)(a)  The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district voting on the proposition at an election held for that purpose in accordance with the Louisiana Election Code.  No other election shall be required except as provided by this Paragraph.

(b)  The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district voting on the proposition at an election held for that purpose in accordance with the Louisiana Election Code.

(c)(i)  The fee shall expire four years from its initial levy.

(ii)  The fee may be renewed as provided in Subparagraph (3)(a) of this Subsection.

(4)  The fee shall be collected at the same time and in the same manner as ad valorem taxes are collected by the city.

(5)  Any parcel fee which is unpaid shall be added to the tax rolls of the city and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.

(6)  The city of New Orleans shall remit to the district all amounts collected not more than sixty days after collection.  However, the city may retain one percent of the amount collected as a collection fee.

G.  Budget.  (1)  The board of commissioners shall adopt an annual budget in accordance with the Local Government Budget Act, La. Rev. Stat. 39:1301 et seq.  The budget and all amendments shall be subject to the approval of the New Orleans City Council.

(2)  The district shall be subject to audit by the legislative auditor pursuant to La. Rev. Stat. 24:513.

H.  Miscellaneous provisions.  (1)  If the parcel fee is not approved, the district shall cease to exist.

(2)  If the parcel fee is not renewed, the district shall cease to exist.

(3)  If the district ceases to exist, any funds of the district shall be transmitted to the governing authority of the city of New Orleans, and shall be used solely and exclusively for providing supplemental maintenance, repair and upkeep to the streets and alleyways and related infrastructure of the Lakeview area.

Acts 2010, No. 635, §1, eff. July 1, 2010.