SENATORS IRONS AND HAINKEL AND REPRESENTATIVE BRUNEAU
To enact R.S. 33:2740.35, relative to crime prevention in
the Lakeview area of Orleans Parish; to create the Lakeview Crime Prevention
District; to provide relative to the purposes, governance, duties, and authority
of the district; to authorize the governing authority of New Orleans, subject to
the approval of district voters, to impose a parcel fee within the district and
to provide further relative to such fee; to provide relative to funds of the
district; and to provide for related matters.
Notice of intention to introduce this Act has been
published. Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 33:2740.35 is hereby enacted to read as
follows: §2740.35. Lakeview Crime Prevention District
A. Creation. 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 Crime Prevention District,
hereinafter refer-red to as the "district". The district shall be a political
subdivision of the state as defined in the Constitution of Louisiana. The
purpose of the district shall be to aid in crime prevention and to add to the
security of district residents by providing for an increase in the presence of
law enforcement personnel in the district.
B. Boundaries. The district shall be comprised of the area of the parish of
Orleans lying within the following perimeter: commencing at the comer 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 17th 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
C. Governance. (1) The district shall be governed by a
board of commissioners consisting of eleven members
(a) The president of the Lakeview Civic Improvement
Association shall be an ex. officio member.
(b) The board of directors of the - Lakeview Civic
Improvement Association or its successor shall appoint four members.
(c) The member or members of the Louisiana House of
Representatives who represent the area which comprises the district shall
appoint one member.
(d) The member or members of the Louisiana Senate who
represent the area which comprises the district shall appoint one member.
(e) The assessor for the second municipal district shall appoint one member.
(f) The assessor for the seventh municipal district shall
appoint one member.
mayor shall appoint one member.
(h) The council member or council members who represent
the district shall appoint one member.
(2) All members of the board shall own property within
(3)(a) The terms of the members appointed pursuant to
R.S. 33:2740.35(C)(1)(g) and (h) shall be concurrent with the respective
(b) The initial terms of office for the remaining members
shall be one, two, three, or four years. Two members shall serve one year, two
shall serve two years, two shall serve three years, and three 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.
(4) 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.
members of the board shall serve without compensation and shall not receive
reimbursement for expenses.
D. Powers and duties. The district, acting through its board of commissioners,
shall have the following powers and duties:
(1) To sue and be sued.
adopt, use, and alter at will a corporate seal.
(3) To receive and expend funds collected pursuant to
Subsection E and in accordance with a budget adopted as provided by Subsection F
of this Section.
(4) To enter into contracts with individuals or entities,
private or public, for the provision
of security patrols in the district.
(5) To purchase items and supplies which the board deems
instrumental to achieving the purpose of the district.
(6) To perform or have performed
any other function or activity necessary for the achievement of the purpose of
E. 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 governing authority of the district. The fee, however,
shall not exceed one hundred dollars per parcel per year.
(2) The fee shall be imposed on each improved parcel
located within the district. The owner of the parcel shall- be responsible for
payment of the fee.
(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 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 election on the question of the imposition of the
fee shall be held at the same time as the 1998 mayoral primary election is held
in the city.
(c) The fee shall expire four years
from its initial levy but may be renewed as provided in Subparagraph (3)(a) of
this Subsection at each mayoral primary election subsequent to the 1998 mayoral
(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.
F. Budget. (1) The board of commissioners shall adopt an annual budget in
accordance with the Local Government Budget Act, R.S. 39:1301 et seq. The budget
and all amendments shall be subject to the approval of the New Orleans city
(2) The district shall be subject to audit by the
legislative auditor pursuant to R.S. 24:513.
G. Miscellaneous provisions.
(1) It is the purpose and intent of this Section that the additional law
enforcement personnel and their services provided for through the fees
authorized herein shall be supplemental to and not in lieu of personnel and
services provided in the district by the New Orleans Police Department.
(2) If the district ceases to exist, any funds of the
district shall be transmitted to the governing authority of New Orleans and
shall be used for law enforcement purposes in the district.
Section 2. This Act shall become
effective upon signature by the governor or, if not signed by the governor, upon
expiration of the time for bills to become law without signature by the
governor, as provided by Article III, Section 18 of the Constitution of
Louisiana. If vetoed by the governor and subsequently approved by the
legislature, this Act shall become effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF
GOVERNOR OF THE STATE OF LOUISIANA