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Regular Session, 2010 ENROLLED
SENATE BILL NO. 385
BY SENATOR CLAITOR
AN ACT1
To enact R.S. 33:9097.8, relative to East Baton Rouge Parish; to create the Broadmoor2
Crime Prevention and Improvement District; to provide for the purpose, governance,3
and powers and duties of the district; to provide with respect to the levy of an ad4
valorem tax within the district; and to provide for related matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 33:9097.8 is hereby enacted to read as follows: 8
ยง9097.8. Broadmoor Crime Prevention and Improvement District9
A. Creation. There is hereby created within the parish of East Baton10
Rouge, as more specifically provided in Subsection B of this Section, a body11
politic and corporate which shall be known as the Broadmoor Crime Prevention12
and Improvement District, hereinafter referred to as the "district". The district13
shall be a political subdivision of the state as defined in the Constitution of14
Louisiana.15
B. Boundaries. The boundaries of the district shall be coterminous with16
the boundaries of the Broadmoor Subdivision in East Baton Rouge Parish as17
established in the official subdivision plat filed with the clerk of court of East18
Baton Rouge Parish.19
C. Purpose. The purpose of the district shall be to aid in crime20
prevention and to add to the security of district residents by providing for an21
increase in the presence of law enforcement personnel in the district and to22
serve the needs of the residents of the district by funding beautification and23
improvements for the overall betterment of the district.24
D. Governance. (1) The district shall be governed by a board of25
commissioners consisting of seven members as follows:26
(a) The president of the Broadmoor Residents Association, Inc.27
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(b) The board of directors of the Broadmoor Residents Association, Inc.1
or its successor shall appoint one member.2
(c) The member or members of the Louisiana House of Representatives3
who represent the area which comprises the district shall appoint one member.4
(d) The member or members of the Louisiana Senate who represent the5
area which comprises the district shall appoint one member.6
(e) The assessor for the parish of East Baton Rouge shall appoint one7
member.8
(f) The mayor-president for the parish of East Baton Rouge shall appoint9
one member.10
(g) The Metro Council member or council members who represent the11
district shall appoint one member.12
(2) All members of the board shall own property within the district.13
(3)(a) The terms of the members appointed pursuant to Subparagraphs14
(1)(c) through (g) of this Subsection shall be concurrent with the respective15
appointing authority.16
(b) The member serving pursuant to Subparagraph (1)(b) of this17
Subsection shall serve a term of four years after an initial term of one year.18
(c) The member serving pursuant to Subparagraph (1)(a) of this19
Subsection shall serve during his term of office.20
(4) The members of the board shall select from among themselves a21
president and such other officers as they deem appropriate. The terms and22
responsibilities of officers shall be as provided by the bylaws of the board.23
(5) The members of the board shall serve without compensation and shall24
not receive reimbursement for expenses.25
E. Powers and duties. The district, acting through its board of26
commissioners, shall have the following powers and duties:27
(1) To sue and be sued.28
(2) To adopt, use, and alter at will a corporate seal.29
(3) To receive and expend funds collected pursuant to Subsection F and30 SB NO. 385 ENROLLED
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in accordance with a budget adopted as provided by Subsection G of this1
Section.2
(4) To accept private grants and donations.3
(5) To enter into contracts with individuals or entities, private or public,4
for the provision of security patrols in the district.5
(6) To purchase items and supplies which the board deems instrumental6
to achieving the purpose of the district.7
(7) To acquire, lease, insure, and sell real property within the boundaries8
of the district in accordance with district plans.9
(8) To perform or have performed any other function or activity10
necessary for the achievement of the purpose of the district.11
F. Ad valorem tax. The governing authority of East Baton Rouge Parish12
is hereby authorized to levy and collect annually special taxes within the district13
subject to and in accordance with the provisions of this Subsection:14
(1) The amount of the annual tax shall be as requested by duly adopted15
resolution of the governing authority of the district. The tax shall be a special16
ad valorem tax levied on taxable property in the district and shall not exceed17
one mill.18
(2)(a) The tax shall be levied on each improved parcel located within the19
district.20
(b) For purposes of this Section, "parcel" means a lot, a subdivided21
portion of ground, or an individual tract and does not mean a "condominium22
parcel" as defined in R.S. 9:1121.103. Thus, with respect to condominiums, the23
fee collector shall impose the parcel fee on each lot on which condominiums are24
situated and not on individual condominium units.25
(c) The owner of the parcel shall be responsible for payment of the tax.26
The tax collector shall submit the bill for a parcel fee which is to be collected27
from condominium owners to the condominium owners' association and the28
association shall pay the fee from funds available for that purpose. The29
association shall remain liable for the entire fee until it is paid.30 SB NO. 385 ENROLLED
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(3)(a) The fee shall be imposed only after the question of its imposition1
has been approved by a majority of the registered voters of the district voting2
at an election held for that purpose in accordance with the Louisiana Election3
Code. At least thirty days prior to any election held to approve the levy of a tax,4
the board of commissioners shall mail notification of the upcoming election to5
each registered voter of the district and to the owner of a parcel if the owner is6
not a registered voter of the district. No other election shall be required except7
as provided by this Paragraph.8
(b) The tax shall expire ten years from its initial levy but may be renewed9
as provided in Subparagraph (3)(a) of this Subsection. If renewed, the term of10
the imposition of the tax shall be as provided in the proposition authorizing11
such renewal, not to exceed ten years.12
(4) The tax shall be collected at the same time and in the same manner13
as all other ad valorem taxes on property subject to taxation by the city are14
levied and collected.15
(5) Any tax which is unpaid shall be added to the tax rolls of the city and16
shall be enforced with the same authority and subject to the same penalties and17
procedures as unpaid ad valorem taxes.18
(6) The parish of East Baton Rouge shall remit to the district all amounts19
collected not more than sixty days after collection. However, the board may20
enter into an agreement with the parish to authorize the parish to retain, as a21
collection fee, not more than one percent of the amount collected.22
G. Budget. (1) The board of commissioners shall adopt an annual budget23
in accordance with the Louisiana Local Government Budget Act, R.S. 39:130124
et seq. The budget and all amendments shall be subject to the approval of the25
East Baton Rouge Metropolitan Council.26
(2) The district shall be subject to audit by the legislative auditor27
pursuant to R.S. 24:513.28
H. Miscellaneous provisions. (1) It is the purpose and intent of this29
Section that the additional law enforcement personnel and their services30 SB NO. 385 ENROLLED
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provided for through the fees authorized herein shall be supplemental to and1
not in lieu of personnel and services provided in the district by the city of Baton2
Rouge and East Baton Rouge Parish.3
(2) If the district ceases to exist, any funds of the district shall be4
transmitted to the governing authority of East Baton Rouge Parish and shall be5
used for law enforcement purposes in the district.6
Section 2. This Act shall become effective on July 1, 2010.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: