2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:9091.4. Lake Terrace Crime Prevention District

RS 33:9091.4 - Lake Terrace 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 Lake Terrace Crime Prevention 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. The purpose of the district shall be to aid in crime prevention and to enhance the security of district residents by providing for an increase in the presence of law enforcement personnel in the district.
B. Boundaries. The boundaries of the district shall be the center line of Allen Toussaint Boulevard, center line of London Avenue Canal, center line of Bayou St. John, and the south shoreline of Lake Pontchartrain.
C. Governance. (1) The district shall be governed by a board of commissioners consisting of seven members as follows:
(a) The board of directors of the Lake Terrace Property Owners Association shall appoint three members.
(b) The member or members of the Louisiana House of Representatives who represent the area which comprises the district shall appoint one member.
(c) The member or members of the Louisiana Senate who represent the area which comprises the district shall appoint one member.
(d) The member or members of the governing authority of the city of New Orleans who represent the area which comprises the district shall appoint one member.
(e) The mayor of the city of New Orleans shall appoint one member.
(2) All members of the board shall be residents of the district.
(3)(a) Members shall serve four-year terms after initial terms as provided in Subparagraph (b) of this Paragraph.
(b) One member shall serve an initial term of one year, two shall serve initial terms of two years, two shall serve initial terms of three years, and two shall serve initial terms of four years, as determined by lot at the first meeting of the board. 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.
(5) The 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.
(2) To adopt, use, and alter at will a corporate seal.
(3) To receive and expend funds collected pursuant to Subsection E of this Section 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 the district.
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)(a) The fee shall be a flat fee per improved parcel of land, and the amount of the fee shall not exceed five hundred fifty dollars per year for each improved parcel. The amount of the fee may be changed by duly adopted resolution of the board, not to exceed the maximum amount authorized by this Subparagraph. No election shall be required for a change in the amount of the fee.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the fee shall be seven hundred dollars per year for each improved parcel with three or more family units.
(c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph, the fee shall be a flat fee not to exceed seventeen hundred fifty dollars per year for each improved parcel of land used as a short-term rental. The amount of the fee may be changed by duly adopted resolution of the board, not to exceed the maximum amount authorized by this Subparagraph. No election shall be required for a change in the amount of the fee.
(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) Repealed by Acts 2023, No. 141, §2, eff. June 7, 2023.
(c) The fee shall expire at the end of the term provided for in the proposition authorizing the fee, not to exceed eight years, but may be renewed as provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be held for that purpose in accordance with the Louisiana Election Code. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing the renewal, not to exceed eight years.
(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 board may enter into an agreement with the city to authorize the city to retain, as a collection fee, not more than one percent of the amount collected.
F. Budget. (1) The board of commissioners shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The budget and all amendments shall be subject to the approval of the governing authority of the city of New Orleans.
(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 in this Section 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 the city of New Orleans and shall be used for law enforcement purposes in the district.
Acts 2002, No. 34, §2; Acts 2023, No. 141, §§1, 2, eff. June 7, 2023.