§ 21-29. East Jefferson Park and Community Center and Playground District.

(a)

Created. A community center and playground district is hereby created within the parish, to be known and designated as "East Jefferson Park and Community Center and Playground District of the Parish of Jefferson, State of Louisiana" (the "district"), which shall comprise and embrace all of that territory in the parish on the east bank of the Mississippi River, the territory being described as follows:

Commencing at a point on the Mississippi River the line dividing St. Charles Parish from Jefferson Parish and from the point of beginning along the east of the Mississippi River to a point intersecting and dividing the Parish of Orleans from the Parish of Jefferson, and from that point in a northerly direction along the line dividing the Parish of Orleans from the Parish of Jefferson to a point on the shore of Lake Pontchartrain dividing the Parish of Jefferson; thence along the shores of Lake Pontchartrain to a point on the shores of Lake Pontchartrain being the line dividing the Parish of St. Charles from the Parish of Jefferson, thence along the line dividing the Parish of St. Charles from the Parish of Jefferson in a southerly direction to the point of beginning on the Mississippi River.

(b)

Operation and construction fee.

(1)

A monthly operation and construction fee and service charge per dwelling unit situated within the East Jefferson Park and Community Center and Playground District is levied for the purpose of defraying the cost of maintaining, operating, and constructing Lafreniere Park, located within said district, including roadways, lanes, paths, shelters, water distribution, drainage and sewerage, and other physical and cultural facilities necessary to the proper use of said park. The base charge for the operation and construction fee and service charge will be adjusted annually beginning January 1, 2002, based on the percentage change in the Consumer Price Index. The annual adjustment will equal a U.S. City Average twelve-month percentage change in the All Urban Consumers—All Items Index (CPI-U) as compiled by the Bureau of Labor Statistics. The CPI adjusted charges are published annually in the Official Journal of Jefferson Parish and in the Progressive Jefferson, the publication ordinarily accompanying the water bills themselves.

(2)

The above-mentioned operation and construction fee and service charge shall be collected bimonthly on the same billing of the East Jefferson waterworks district no. 1, payable at the offices of the department of water and its authorized collecting agencies.

(3)

All accounts shall be considered delinquent if not paid within ten (10) days after receipt of same. If a delinquent account is not paid within thirty (30) days after receipt of bill, the parish shall have the right to proceed for the collection of such unpaid charges in a manner provided by law for the collection of parish claims.

(c)

Exemption from service charge if dwelling unit is occupied by citizens sixty-five (65) years or over.

(1)

Notwithstanding any provision of section 21-29(b) above, forty-five cents ($0.45) of the monthly service charge assessed against each dwelling unit within the East Jefferson Parish Community Center and Playground District shall not be charged if the primary occupant of the dwelling unit is sixty-five (65) years or older and has applied for, and been approved for, an exemption from said forty-five cents ($0.45) of the monthly service charge in accordance with procedures established by the department of water (the department). For the purposes of this section, the term "primary occupant" shall mean the citizen in whose name the water meter is registered under if such citizen is in residence at the dwelling unit or any citizen in whose name a dwelling unit is being leased or rented if the citizen is in residence at said unit. For the purposes of this section, the term "citizen" shall mean an individual whose residence is within the boundaries of the district.

(2)

The department shall enact such procedures as are necessary to implement this section. As a minimum, such procedures shall include the following:

a.

The department shall identify any citizen applying for this exemption by positive means. Such means may include, but need not be limited to the following: state motor vehicle operator's license, state identification card, military identification card, passport or any other form of proof of age acceptable to the parish attorney.

b.

All exemptions shall be valid for four (4) years from the date of acceptance of proof of age by the department; however, no exemption shall be applied retroactively and no exemption shall be applied sooner than the start of the first billing cycle after acceptance by the department.

c.

The department shall cause to have published on water bills on the East Bank of Jefferson at least once every six (6) months notice of the availability of the exemption to qualified citizens.

d.

The department, at its option, may permit applicants to apply by mail for the service charge exemption.

In the case of the disability exemption, the applicant shall provide a letter or other certification from the agency providing the disability benefit or provide other proof of disability benefit acceptable to the parish attorney.

(Ord. No. 17579, § 1, 8-4-88; Ord. No. 17683, § 3, 2-15-89; Ord. No. 17726, §§ 1—3, 4-5-89; Ord. No. 18704, § 1, 3-10-93; Ord. No 18737, §§ 1, 2, 4-14-93; Ord. No. 20707, §§ 3, 4, 6-9-99; Ord. No. 21439, §§ 5, 8, 11-14-01)

Editor's note

At the editor's discretion, Ord. No. 17579, § 1, adopted Aug. 24, 1988, has been codified as § 21-29.