RS 33:9063

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RS 33:9063

§9063. Old Metairie security enhancement district

A. Creation. In addition to all authority granted to the governing authority of Jefferson Parish by the parish home rule charter but otherwise in accordance with such charter, the parish governing authority may create a special district for the Old Metairie neighborhood, hereinafter referred 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 perform functions which will add to the security of district residents, including providing for an increase in the presence of security personnel in the district.

B. Boundaries. The district shall be comprised of that portion of the area specified by Jefferson Parish ordinances.

C. Governance. Pursuant to the Jefferson Parish home rule charter, the district shall be governed by the parish governing authority in accordance with such charter and the provisions of this Section. In order to provide for the orderly development and effectuation of the services to be furnished by the district and to provide for the representation in the affairs of the district of those persons and interests immediately concerned with and affected by the purposes and development of the area, the governing authority of the district may enter into a cooperative endeavor agreement with a nonprofit entity for the management of the district.

Such agreement may be with the Metairie Club Gardens Association.

D. Powers and duties. The district, acting through its governing authority, 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 funds collected pursuant to Subsection E and expend such funds in accordance with a budget adopted in accordance with Paragraph F(1) of this Section.

(4)To enter into cooperative endeavors pursuant to Article VII, Section 14 of the Constitution of Louisiana or to otherwise contract with individuals or entities, private or public, for the provision of security patrols in the district.

(5)To purchase items and supplies which it 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. Taxing authority.

(1)The governing authority of the district may levy and collect a property tax within the district subject to and in accordance with the provisions of this Subsection and other applicable provisions of law.

(2)The tax shall be levied on an annual basis on each property within the district listed on the parish tax rolls. The owner of the property shall be responsible for payment of the tax.

(3)(a) If the tax is levied at a flat rate, it shall not exceed seven hundred eighty dollars per listed property per year. If the tax is levied as an ad valorem millage, the millage rate shall not exceed that rate at which the total amount of revenue raised in the first year is equal to the revenue which would be raised by the maximum flat rate tax.

(b)For purposes of this Section, all property owned by any legal entity, which property is defined as public service property under the provisions of R.S. 47:1851 et seq., shall be considered as being a single listing and subject to a levy for all such property not to exceed the maximum levy authorized herein.

(4)(a) The tax shall be levied only after the question of its levy has been submitted to the registered voters of the district at an election held for that purpose in accordance with the Louisiana Election Code, and a majority of those voting have voted in favor of the tax.

(b)The proposition submitted to the voters shall state the rate of the tax as requested by duly adopted resolution of the governing authority of the district and shall state the duration of the tax. The amount and duration of the tax shall be as so stated in the proposition authorizing its levy.

(c)The governing authority of the district may call an election for the purpose of submitting such a proposition to the voters.

(5)The governing authority of the district may enter into a contract with the Jefferson Parish sheriff's office for the collection of the tax. The sheriff's office, acting on behalf of the district, shall have the same authority to enforce collection of the tax authorized by this Subsection as it has for enforcing the collection of any other property tax.

F. Budget.

(1)The governing authority of the district shall adopt an annual budget in accordance with the Local Government Budget Act, R.S. 39:1301 et seq.

(2)The district shall be subject to audit in accordance with R.S. 24:513.

G. Miscellaneous provisions.

(1)The additional security personnel and their services provided for through the tax authorized herein shall be supplemental to and not in lieu of personnel and services provided in the district by the Jefferson Parish sheriff's office.

(2)If the district ceases to exist, any funds of the district shall be transferred to the governing authority of Jefferson Parish and shall be used for law enforcement purposes in the district.

Acts 1998, 1st Ex. Sess., No. 134, §1; Acts 1999, No. 1051, §2; Acts 1999, No. 1078, §2; Acts 1999, No. 1233, §2.