(1) The Board of Liquidation, City Debt, shall be composed of six members and of three ex- officio members, is not affected by this Charter, except that the ex-officio members who shall be the Mayor and the two councilmen councilmembers-at-large.
(2) Effective on January 1, 1996, the terms of the six citizens serving on the Board shall change from terms for life to fixed terms. The members shall conduct a drawing to determine who shall serve for terms of two, four, six, eight, ten, and twelve years. Upon the expiration of a term, a Board member who is domiciled in and an elector of the City shall be appointed by the Mayor with the approval of the Council from a list of three names submitted jointly by a committee consisting of the President of the Board of Liquidation, who shall chair the committee, and the Presidents or Chancellors of Dillard University, Loyola University, Southern University of New Orleans, Tulane University, the University of New Orleans, and Xavier University. Members so appointed shall serve for terms of twelve years. Any vacancy on the Board shall be filled in accordance with the provisions of Section 9-105 of this Charter.
Section 5-102. Functions.
The powers duties and functions of the Board of Liquidation, City Debt, are provided by law and are not affected by this Charter. Except as otherwise provided in this Charter, the Board of Liquidation, City Debt shall continue to exercise and have the powers, duties, and functions which it exercised on the effective date of this Charter. It shall have the power to issue bonds in any manner permitted by state or municipal law and this Charter and to manage its affairs, under this Charter on behalf of the City of New Orleans, in accordance with the provisions of applicable state or municipal law.
Section 5-202. Functions
Section 5-201. Composition.
The Public Belt Railroad Commission shall be composed of the Mayor, who shall be ex-officio president, and sixteen citizen taxpayers who are domiciled in and electors of the City of New Orleans as provided by law.
Section 5-202. Functions.
The Commission shall have such powers, duties and functions as are provided by law.
Section 5-301. Organization
Section 5-302. Functions
Section 5-301. Organization.
The Sewerage and Water Board in existence at the adoption of this Charter shall be continued. The Board shall be composed of the Mayor, the two at large members of the Council, one of the district councilmen councilmembers selected by the Council, and two members of the Board of Liquidation, City Debt, and seven citizens who are domiciled in and electors of the City appointed as provided by applicable state and municipal law.
The powers, duties and functions of the Sewerage and Water Board are provided by applicable state and municipal law. The Board shall coordinate its repair, maintenance, and construction projects with City agencies, including the City Planning Commission and the Departments of Public Works and Parks and Parkways, in order to minimize disruption of the City's streets, sidewalks, and other public spaces.
Section 5-401. Composition
Section 5-402. Powers
Section 5-403. Limitations
Section 5-404. Standard of Performance
Section 5-405. Lease and Sale of Property
Section 5-406. Preservation of Existing Trusts
Section 5-401. Composition.
The Board of City Trusts shall consist of the Mayor, the President of the Council, the Director of Finance who shall be its Treasurer, and eight electors of the City appointed by the Mayor with the approval of the Council for terms of eight years, so arranged that the terms of one member shall expire each year. The eight members shall be appointed two each from the professions of investment banking, law and accounting and two at large.
Section 5-402. Powers.
The Board shall:
(1) Administer the investment of and safeguard all money and other movable property and administer all revenue producing immovable property:
(a) Held by the City as trustee or otherwise for public or charitable purposes.
(b) Held by the City for the perpetual care of plots in City owned cemeteries.
(2) Maintain from the revenues thereof the immovable property under its jurisdiction, or, with the approval of the Council, through other means.
(3) Adopt as a regulation an investment list not more liberal than the legal list then applicable to private trusts.
(4) Recommend to the Council the acceptance or rejection of any trust or conditional donation offered to the City. The Council may not ignore such recommendations, except upon the affirmative vote of two-thirds of its members.
(5) Supervise the maintenance by the Director of Finance of appropriate separate accounts for each trust fund and each trust proceeds fund.
(6) Authorize withdrawals from trust funds and trust proceeds funds only upon certification in writing made by the officer, department or board entitled thereto of the purpose of such withdrawal and that it is to be used in accordance with the terms and conditions specified in the trust or conditional donation. If the Board and the beneficiary disagree, the Mayor shall procure a written opinion from the City Attorney which shall be binding upon both the Board and the beneficiary.
(7) Advise the Mayor and Council on all matters relevant to the execution, disposition or modification of trusts and conditional donations.
(8) Review all trusts and conditional donations existing at the effective date of this Charter and recommend to the Council the advisability of abandoning any or all of them.
Section 5-403. Limitations.
The City shall not:
(1) Accept any conditional donation which is contrary to the constitution, the statutes, this Charter or the regulations adopted by the Board.
(2) Continue to operate a going business as a permanent investment donated to the City for public purposes or in trust, unless expressly required to do so by the terms of the donation.
(3) Make or hold investments not included in the Board's investment list, except property of the original trust or donation, or required thereby to be acquired.
(4) Modify any trust except upon approval of the Council and, when necessary, a court of proper jurisdiction.
Section 5-404. Standard of Performance.
The members of the Board shall be held to the standards of a prudent administrator.
Section 5-405. Lease and Sale of Property.
Immovable property under the jurisdiction of the Board shall be leased or sold only in accordance with the provisions of this Charter.
Section 5-406. Preservation of Existing Trusts.
If any trusts or conditional donations existing at the effective date of this Charter would by their terms revert to the settler, donor, or other persons as a result of any provisions of this Charter, then such provisions shall be suspended as to such trust and donations.
Section 5-501 401. Creation and Composition
Section 5-502 402. Functions
Section 5-503 403. Director and Staff
Section 5-504 404. Master Plan and Subdivision Regulations
Section 5-505 405. Planned Street Lines and the Official Map
Section 5-506 406. Zoning Ordinance
Section 5-507 407. Public Notice and Public Hearings
Section 5-508 408. Approval of the Commission
Section 4-704 5-409. Board of Zoning Adjustments
Section 5-410. Other Functions
Section 5-501 401. Creation and Composition.
The City Planning Commission shall consist of nine members who are electors of and domiciled in the City, appointed by the Mayor with the approval of the Council for terms of nine years. The members of the City Planning and Zoning Commission serving at the effective date of this Charter shall become members of the City Planning Commission and shall complete the terms for which they were appointed as members of the City Planning and Zoning Commission. staggered so that the term of one member shall expire each year.
Section 5-502 402. Functions.
The City Planning Commission shall:
(1) Prepare, adopt, amend and modify a long term Master Plan for the physical development of the City, which shall consist of a statement of development goals, objectives, and policies and which shall show the general location, extent, and character of streets, bridges, waterways, and other public ways; parks, and open spaces; public buildings, and structures; public utilities, and terminals, whether public or privately owned; public housing, slum clearance, and redevelopment projects and areas; and any other physical public facility, with due regard to the aesthetic characteristics of all public structures.
(2) Prepare, adopt, amend and modify regulations governing the subdivision of land, including platting and replatting, which regulations shall provide for the proper arrangement of streets and public utilities; open spaces for light, air and recreational areas; space for vehicular
parking; the sizes and shapes of lots in order to avoid congestions of population and to provide for the amenities of human habitation; and the manner and extent to which streets shall be paved and public utilities installed in such subdivisions, consistent with the provisions of this Charter.
(3) Prepare and recommend to the Council:
(a) Plats, together with revisions and amendments thereof, showing the exact location of lines of recommended new, extended, widened, or narrowed streets, and the estimated time within which the land needed for future street development as shown on the plat.
(b) The Official Map of the City and amendments thereto, upon which shall be shown all existing and established streets, recommended street lines, all streets or street lines located on final or recorded plats of subdivisions, and the location of existing or planned parks and other open spaces. Street locations on final or recorded plats of subdivisions shall constitute amendments to the Official Map and shall be placed thereon.
(c) A zoning plan ordinance and revisions and amendments thereof for the purpose of promoting the public health, safety, morals, aesthetics, and general welfare of the City, which plan ordinance may contain regulations with respect to the location, height, bulk, size of buildings and other structures; the size of yards, courts, and other open spaces; the density of population; and the use of buildings, structures and land for trade, industry, business, residence, or other purposes.
(d) Plans for the clearance of slum areas, public housing developments, and the rehabilitation or redevelopment of blighted areas.
(e) Plans for the replanning, improvement, and reconstruction of neighborhood and community centers and of areas or districts destroyed or seriously damaged by fire, earthquake, flood or other disaster.
(f) Such other studies as may be requested or directed by the Council.
(4) Prepare the capital program and assist the Director of Finance Chief Administrative Officer in the preparation of the capital budget.
(5) Prepare such studies as may be requested by the Mayor.
Section 5-503 403. Director and Staff.
The City Planning Commission may appoint a Director who shall serve at its pleasure. The Director shall be the executive officer of the Commission and shall be responsible for the supervision of the staff. The Commission may, subject to the provisions of this Charter, appoint such employees as it may deem necessary and may contract with planning experts, engineers, architects and other consultants for such services as it may require.
Section 5-504 404. Master Plan and Subdivision Regulations.
(1) Adoption. The Commission shall adopt and may modify or extend the Master Plan at any time. The Master Plan shall consist of statements regarding development goals, objectives, and policies and shall include a diagram and a text setting forth principles, standards, and proposals. The entire area of the City shall be addressed within the Plan, as well as those land areas outside of the Parish of Orleans under the control or ownership of the City. Adoption, modification or extension may be by single resolution or by successive resolutions relating to parts of the Master Plan corresponding to major geographical sections or functional divisions of the subject matter. Following the adoption of that part of the Master Plan relating to the Major Street Plan, the Commission shall by resolution adopt and may so modify or extend regulations governing the subdivision of land.
(2) Publication and Filing. Upon adoption, certified copies of such the plans and regulations, and the resolutions by which they were adopted shall be filed with the Clerk of Council, and with such offices as may be required by applicable Sstate or municipal law. Regulations governing the subdivision of land shall be published once after adoption in the official journal.
(3) Legal Effect of Master Plan. After the adopted Master Plan, or part thereof, shall have been so filed and published, no public project or facility and no public utility, whether publicly or privately owned, shall be authorized or constructed except in conformity to with the adopted Plan. Proposals for the authorization or construction of such projects, facilities or public utilities shall be submitted to the Commission for its approval for conformity to with the adopted Plan as to location, character and extent. No final action with respect thereto shall be taken by the Council, by any other governing authority, by any officer, department or board, or by any person concerned therewith, except in conformity to with the approval of the Commission certifying that the proposed action is in conformity to with the adopted Master Plan.
(4) Mandatory Review. At least once every ten years, the Commission shall review the Master Plan and shall determine, after one or more public hearings, whether the Plan requires amendment. If any amendment of the Plan is required, the Commission shall modify the Plan in accordance with the procedures of this Section.
(4) (5) Legal Effect of Subdivision Regulations. All proposed subdivisions of land to be made after the adoption of the regulations governing subdivision of land shall be submitted to the Commission for its approval for conformity to with the subdivision regulations, and no such proposed subdivision shall be made or recorded unless approved by the Commission. Approval of a plat of a subdivision shall not be deemed to constitute or effect an acceptance by the City of any street or other open space shown on the plat.
Section 5-505 405. Planned Street Lines and the Official Map.
(1) Adoption. The Council, upon the recommendation of the Commission, may by ordinance adopt:
(a) Plats showing the exact location of planned or mapped lines of street widenings and extensions or of future streets.
(b) An Official Map showing all public streets then existing and established by law; all planned streets or street lines previously adopted under this Section; all streets or street lines as located on final or recorded plats of subdivisions as previously approved by the Commission; and all existing or planned parks and other public open spaces.
(2) Notice to Owner of Record. No plat showing the location of a planned or mapped street shall be adopted before Notice shall have been sent by registered mail to the owners of record of the land on or abutting the future street lines designated upon the plat.
(3) Legal Effect.
(a) Upon the adoption of any plat showing the location of a planned or mapped street, the owners of the property within the lines of such planned or mapped street shall for the period specified in the ordinance be prohibited from erecting any structure within such lines. The owner of any property so affected shall be entitled to appeal to the Board of Zoning Adjustments under the same procedure described for appeals in zoning cases.
(b) After the adoption of the Official Map or any plat showing the lines of planned or mapped streets, no change in any street shall be made by the Council until such proposed change shall have been submitted to the Commission for its approval or disapproval for conformity to with the Official Map. Pending the adoption of the Official Map, the Council shall not vacate, narrow, or extend any existing street without having secured the approval of the Commission thereon.
(c) The adoption of any plat showing the location of a planned or mapped street or the placing of any street or street line on the Official Map shall not, in and of itself, constitute or be deemed to constitute the opening or establishment of any street nor the taking or acceptance of any land for street purposes.
(4) Amendment of Official Map. New streets and street locations on recorded plats of subdivisions as approved by the Commission or on plats adopted by the Council shall be forthwith placed upon the Official Map as additions or modifications thereto, when the Council accepts the dedication of the streets and street locations shown thereon. Other amendments to the Official Map may be made by the Council at any time after having secured the advice of the Commission.
Section 5-506 406. Zoning Ordinance.
(1) Except when adopted pursuant to a zoning plan proposed and recommended by the Commission, the Council shall refer all proposed zoning ordinances and amendments to the Commission for its recommendations.
(2) Mandatory Review. At least once every ten years, immediately following the review of the Master Plan, the Commission shall review the Comprehensive Zoning Law and shall determine, after one or more public hearings, whether the law requires revision and amendment.
(3) The City shall make adequate appropriations to the Commission to implement the mandate of this section.
Section 5-507 407. Public Notice and Public Hearing.
Prior to making recommendations on any zoning ordinance or amendment thereto;, prior to adopting regulations governing the subdivision of land;, and prior to adopting the Master Plan or part thereof;, the Commission shall hold a public hearing thereon at which interested persons shall be afforded a reasonable opportunity to be heard. Notice of the time and place of the hearing shall be published at least three times in the official journal.
Section 5-508 408. Approval of the Commission.
(1) When under this Charter the approval of the Commission is required of any proposal, the approval shall be by the affirmative vote of a majority of the all members of the Commission. Should the Commission fail to act within sixty days of the submission of the proposal to the Secretary Director of the Commission, its approval shall be presumed unless the person, governing authority, officer, department, board or commission submitting the proposal shall agree to a longer period of time for consideration by the Commission. Provided that iIn the case of amendments to the zoning ordinance, the Commission shall report its findings within a reasonable period of time, to be fixed by ordinance, without a presumptive approval being granted.
(2) Should the Commission disapprove any proposal involving the expenditure of public moneys, such disapproval may be overruled by an affirmative vote of two-thirds of the membership of the affected governing authority paying the preponderance of the cost involved. Any disapproval of a proposal for a public housing project and any approval or disapproval of any proposal not involving the expenditures of public moneys may be overruled by the affirmative vote of two-thirds of the all members of the Council.
Section 4-704 5-409. Board of Zoning Adjustments.
EDITORIAL NOTE: The following section is derived from Section 4-704 of the 1954 City Charter.
(1) Composition. There shall be attached to the Commission a Board of Zoning Adjustments to consist of seven members who shall be domiciled in and electors of the City, appointed by the Mayor with the approval of the Council for five-year terms, staggered so that the term of one or two members shall expire each year. Neither the Director nor any member of the Commission shall be a member of the Board. The Mayor may, by Executive Order approved by the Council in accordance with the procedures established in Section 9-201 (2) of this Charter, reassign or attach the functions of the Board to another department or board within the Executive Branch.
(2) Functions. The Board shall:
(a) Hear and determine appeals from applicants who have been refused building permits because of a violation or conflict with the zoning ordinance or the official map of the City.
(b) Hear and decide appeals where error is alleged in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance of the City.
(c) Have the power to permit exceptions to or variations from the zoning regulations in classes of cases or situations and in accordance with the principles, conditions, and procedures specified in and subject to the limitations imposed by the zoning ordinances of the City.
Section 5-410. Other Functions.
Functions not specifically assigned to the Commission by this chapter may be assigned to the Commission or reassigned by an Executive Order of the Mayor approved by the Council in accordance with the procedures established in Section 9-201 (2) of this Charter.
Section 5-601 501. Composition
Section 5-602 502. Functions
Section 5-603 503. Librarian
Section 5-601 501. Composition.
The Public Library Board shall consist of nine members to electors who are domiciled in the City and who shall be appointed by the Mayor with the approval of the Council for terms of nine years, so arranged that the term of one member shall expire each year.
Section 5-602 502. Functions.
The Board shall:
(1) Control and provide for the administration of the libraries, reading rooms, bookmobiles and related facilities.
(2) Purchase directly or through the Bureau of Purchasing, Department of Finance books, pamphlets, films, maps, recordings, periodicals, prints and pictures, computer hardware, software, and such materials, equipment, and other property as may be necessary and through the Bureau of Purchasing such other property that may be necessary for the operation performance of its functions.
(3) Develop library facilities to serve the needs and interests of the public.
(4) Maintain the City archives.
(5) Determine the purposes for which any moneys or property derived from any trust or donation made for library purposes shall be expended or used, subject only to the terms of such trust or donation.
(6) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
Section 5-603 503. Librarian.
The Board shall may appoint a professional Librarian who shall serve at its pleasure and who shall be in charge of the libraries and other facilities under the jurisdiction of the Board. The Librarian shall meet the qualifications required of Parish Librarians. ,as specified under applicable state and municipal law.
Section 5-701 601. Composition
Section 5-702 602. Functions
Section 5-703 603. Aviation Director
Section 6-701 601. Composition.
The New Orleans Aviation Board shall consist of five nine members to who shall be appointed by the Mayor with the approval of the Council for terms of five years, so arranged that the term of one or two members member shall expire each year.
Section 5-702 602. Functions.
The Board shall:
(1) Administer, operate and maintain all municipal airports and aviation facilities.
(2) Represent the City in all technical matters pertaining to aeronautics in consultation with state, national or international aeronautics officers or agencies.
(3) Provide for the regulation and policing of municipal airports and aviation facilities in accordance with applicable state and municipal law.
Section 5-703 603. Aviation Director.
The Board may appoint an Aviation Director who shall serve at its pleasure and who shall be the executive officer of the Board.
VIEUX CARRE COMMISSION
Section 5-801 701. Composition
Section 5-802 702. Functions
Section 5-803 703. Enforcement
Section 5-801 701. Composition.
There shall be a Vieux Carre Commission consisting of nine members electors, domiciled in the City, appointed by the Mayor with the approval of the Council, for a term of four years, as provided by Article 14, Section 22A of the Louisiana Constitution of 1921, and retained by Article 6, Section 17 of the Louisiana Constitution of 1974. At least one Mayoral at-large appointment shall be domiciled within the area bounded by the Mississippi River, the downtown side of Iberville Street, the river side of North Rampart Street and the uptown side of Esplanade Avenue. In selecting persons for appointment to at-large positions on the Vieux Carre Commission, the Mayor shall take such steps as are necessary to ensure that persons from all areas of the City are given due consideration for such appointments.
Section 5-802 702. Functions.
The Commission shall:
(1) Preserve those buildings in the Vieux Carre section of the City as defined by the Constitution, having an historical or architectural value.
(2) Make such recommendations to the Council as it deems appropriate concerning measures for the preservation of the Vieux Carre.
Section 5-803 703. Enforcement.
The Council shall by ordinance or otherwise carry into effect provisions of the Constitution and this Chapter relating to the Vieux Carre section and shall provide for the enforcement of such provisions by appropriate legal proceedings including resort to injunctive process.
Section 5-901. Composition
Section 5-902. Functions
Section 5-901. Composition.
The Parkway and Park Commission shall consist of the Director of Recreation, and ten members to be appointed by the Mayor with the approval of the Council for terms of five years, provided that the terms of the first members shall be so arranged that the terms of two members shall expire each year.
Section 5-902. Functions.
(1) Administer, control and manage all parks, except those as otherwise provided by applicable state laws.
(2) Cultivate, place, maintain and remove trees, shrubs, flowers, grass and other plants on public grounds.
(3) Embellish parks, parkways, highways and other public grounds.
(4) Designate the portions of parks and other areas under its control for the activities under the direction of the Department of Recreation.
Section 5-802. Powers, Duties, and Functions
Section 5-803. Administration
Section 5-801. Audubon Commission.
The Audubon Park Commission shall hereinafter be known as the Audubon Commission and shall be continued in existence from January 1, 1996, the effective date of this amendment, with the same powers, duties, and functions as enjoyed by the Commission previously. The powers, duties, functions, administration, and operation of the Commission shall be as provided for in this chapter of the Charter and other applicable state and municipal law.
Section 5-802. Powers, Duties, and Functions.
The powers, duties, functions, administration, and operation of the Audubon Commission shall be as provided in this chapter to administer, operate, and maintain facilities administered by the Commission, including Audubon Park, the Aquarium of the Americas, Woldenberg Riverfront Park, the Species Survival Center, the Louisiana Nature Center and other educational, cultural and recreational facilities, and to perform such other duties as are provided by applicable law, subject to the provisions of the City's Master Plan, its land use regulations, and its permitting authority. The Commission shall not accept, assume, or exercise any power or function which relates to taxation or the police power or which imposes a financial obligation on the city derived from any state law unless approved by ordinance of the Council.
Section 5-803. Administration.
(1) Any capital or operating funds appropriated by the City Council to the Commission in accordance with the provisions of this Charter shall be administered by the Commission subject to all provisions of the Charter applicable to such appropriations. All other funds received by the Commission, including but not limited to funds generated from the operation of facilities by the Commission, millage revenues, donations, and federal, state, or local funds, shall be administered solely by the Commission in accordance with the procedures specified in this section.
(2) The Commission shall prepare and transmit its operating and capital budgets annually to the Mayor and Council no later than the first day of December of each year.
(3) The Commission shall prepare and transmit to the Mayor and Council an independent audit prepared by a Certified Public Accountant or firm of Certified Public Accountants within 120 days of the end of its fiscal year. Notwithstanding the preparation and transmittal of such an audit by the Commission, the Council may include the Commission in the independent audit authorized pursuant to Section 6-107 of this Charter.
(4) The Commission shall comply with all state and municipal public bid laws dealing with the procurement and disposition of property.
(5) The Commission may accept any trust or conditional donation without the necessity of review by the Board of City Trusts or its successor, provided that the Commission shall not accept any trust or conditional donation which imposes a financial obligation unless the acceptance is approved in accordance with procedures established by ordinance or in accordance with procedures established in this Charter for the acceptance of a trust or conditional donation. In no event shall acceptance of any trust or conditional donation by the Commission impose any financial obligation on the City unless approved as provided by this section.
(6) The Commission may retain counsel, whose duties may include the performance of notarial work for transactions required to be in authentic form.
Section 5-1001 901. Composition
Section 5-1002 902. Functions
Section 5-1001 901. Composition.
The New Orleans Alcoholic Beverage Control Board shall consist of seven members, who are electors of and domiciled in the City, one to be appointed by each member of the Council, for terms of four years. The terms of office of the members of the Board shall expire on June thirtieth of the year that the Mayor and Councilmembers take office. provided that each Councilmanic district shall have at least one representative and provided that the initial appointments to the Board shall expire on June 30, 1982.
Section 5-1002 902. Functions.
The Board shall:
(1) Hear and decide cases for suspension or revocation of City alcoholic beverage permits.
(2) If provided by ordinance, hear and decide appeals from persons who have been denied alcoholic beverage permits by an administrative official in the enforcement of the Beer and Alcoholic Beverage Ordinances applicable state or municipal laws.
The Board shall have the right to administer oaths, subpoena witnesses and compel the production of books and papers in connection with its activities.
The Board may employ necessary staff in accordance with applicable Civil Service law and subject to appropriations by the Council. The Board's operation and procedures shall be governed by Chapter 1 of Article IX of this Charter, and by applicable State Law, and the ordinance of the Council state and municipal law.
Section 5-1101. Composition
Section 5-1102. Functions
Section 5-1101. Composition.
The New Orleans Mosquito Control Board shall consist of one Councilman selected by the Council, the Mayor or a his representative, the Director of the Department of Health, the Superintendent of the Parkway and Parks Commission and six other members appointed by the Mayor with the approval of the City Council who shall serve six year terms, provided that the terms of the first members shall be so arranged that the term of one member shall expire each year. There shall be at all times not less than one qualified entomologist on the Board.
Section 5-1102. Functions.
The Board shall:
(1) Administer and evaluate mosquito control activities.
(2) Monitor the populations of disease and virus transmitting mosquitoes and consult with appropriate authorities.