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Regular Session, 2012 ENROLLED
SENATE BILL NO. 627
BY SENATOR BROOME
AN ACT1
To enact R.S. 33:9097.13, relative to neighborhood improvement districts; to create the Live2
Oak Trace Subdivision Crime Prevention and Improvement District in the city of3
Zachary in East Baton Rouge Parish; to provide for the boundaries and purpose of4
the district; to provide for the powers and duties of the district and its board of5
commissioners; to provide for the levy of a parcel fee upon voter approval; to6
provide for the district's budget; to provide with respect to termination of the district;7
and to provide for related matters.8
Notice of intention to introduce this Act has been published.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 33:9097.13 is hereby enacted to read as follows: 11
ยง9097.13. Live Oak Trace Subdivision Crime Prevention and Improvement12
District13
A. Creation. There is hereby created within the parish of East Baton14
Rouge, in the city of Zachary, as more specifically provided in Subsection B of15
this Section, a body politic and corporate which shall be known as the Live Oak16
Trace Subdivision Crime Prevention and Improvement District, hereafter in17
this Section referred to as the "district". The district shall be a political18
subdivision of the state as defined in the Constitution of Louisiana.19
B. Boundaries. The district shall encompass the area included within the20
following perimeter: Creek Hollow Avenue, Pine Thickett Avenue, Honeysuckle21
Drive and Brush Creek Court. The district shall include all parcels on both22
sides of each street.23
C. Purpose. The purposes of the district shall be to aid in crime24 SB NO. 627 ENROLLED
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prevention by providing security for district residents and to serve the needs of1
the residents of the district by funding beautification and improvements for the2
overall betterment of the district.3
D. Board. (1) The district shall be governed by a board of commissioners4
consisting of seven members as follows:5
(a) The president of the Live Oak Trace Homeowners' Association, or its6
successor.7
(b) Two members appointed by the board of directors of the Live Oak8
Trace Homeowners' Association, or its successor.9
(c) One member appointed by the member or members of the Louisiana10
House of Representatives who represent the area which comprises the district.11
(d) One member appointed by the member or members of the Louisiana12
Senate who represent the area which comprises the district.13
(e) One member appointed by the member or members of the East Baton14
Rouge Parish Metro Council who represent the area which comprises the15
district.16
(f) One member appointed by the mayor-president of Baton Rouge.17
(2) All members of the board shall be registered voters within the18
district.19
(3) All members of the board shall serve without compensation and shall20
not receive reimbursement for expenses.21
(4) The domicile of the board shall be within the district.22
(5) The board shall be authorized to adopt bylaws for its governance and23
conduct.24
(6) The members of the board shall select from among themselves a25
president and such other officers as they deem appropriate, whose26
responsibilities shall be as provided by the bylaws of the board.27
(7) The board shall hold regular meetings as provided for in its bylaws28
and may hold special meetings at such times and places within the district as29
provided in the bylaws.30 SB NO. 627 ENROLLED
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(8) The board shall keep minutes of all meetings.1
(9) A majority of the board shall constitute a quorum for conducting2
business of the board.3
E. Terms. (1)(a) Members appointed pursuant to Subparagraphs4
(D)(1)(a) and (b) of this Section shall serve four-year terms.5
(b) Members appointed pursuant to Subparagraphs (D)(1)(c), (d), (e),6
and (f) of this Section shall serve three-year terms.7
(2) Any board member may be removed for cause by a majority vote of8
the board.9
(3) Vacancies shall be filled in the manner of the original appointment.10
A member shall be eligible for reappointment unless he was removed pursuant11
to Paragraph (2) of this Subsection.12
F. Powers and duties. The district, acting through its board of13
commissioners, shall have the following powers and duties:14
(1) To sue and be sued.15
(2) To adopt, use, and alter at will a corporate seal.16
(3) To receive and expend funds collected pursuant to Subsection G of17
this Section and in accordance with a budget adopted as provided by Subsection18
H of this Section.19
(4) To enter into contracts with individuals or entities, private or public.20
(5) To purchase items and supplies necessary for achieving any purpose21
of the district.22
(6) To accept private grants and donations.23
(7) To procure and maintain liability insurance against any personal or24
legal liability of a board member that may be asserted or incurred based upon25
his service as a member of the board or that may arise as a result of his actions26
taken within the scope and discharge of his duties as a member of the board.27
(8) To perform or have performed any function or activity the board28
deems necessary to carry out the purposes of the district.29
G. Parcel fee. The governing authority of East Baton Rouge Parish is30 SB NO. 627 ENROLLED
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hereby authorized to impose and collect a parcel fee within the district subject1
to and in accordance with the provisions of this Subsection.2
(1) The fee shall be as determined by a duly adopted resolution of the3
board, at an amount no less than one hundred eighty dollars, per parcel per4
year.5
(2) The fee shall be imposed on each parcel located within the district.6
The term "parcel" as used in this Subsection shall mean a developed or7
undeveloped lot.8
(3) The owner of the parcel shall be responsible for payment of the fee.9
(4)(a) The fee shall be imposed only after the question of its imposition10
has been submitted to the qualified electors of the district, at an election held for11
such purpose in accordance with the Louisiana Election Code, and a majority12
of those voting on the proposition have voted in favor of the fee.13
(b) The fee may be increased four years from its initial levy in the same14
manner as its imposition.15
(5) The East Baton Rouge Parish Sheriff's Office shall collect the fee at16
the same time and in the same manner as ad valorem taxes are collected.17
(6) The East Baton Rouge Parish Sheriff's Office shall remit to the18
district all amounts collected not more than sixty days after collection; however,19
the board may enter into an agreement with the East Baton Rouge Parish20
Sheriff's Office to authorize the parish to retain, as a collection fee, not more21
than one percent of the amount collected.22
(7) Any parcel fee which is unpaid shall be added to the tax rolls of the23
parish and shall be enforced with the same authority and subject to the same24
penalties and procedures as unpaid ad valorem taxes.25
H. Budget. (1) The board of commissioners shall adopt an annual budget26
in accordance with the Louisiana Local Government Budget Act, R.S. 39:130127
et seq.28
(2) The district shall be subject to audit by the legislative auditor29
pursuant to R.S. 24:513.30 SB NO. 627 ENROLLED
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I. Miscellaneous provisions. (1) It is the purpose and intent of this Section1
that the additional law enforcement personnel and services provided by the2
district shall be supplemental to and not in lieu of personnel and services3
provided in the district by the city of Zachary.4
(2) If the district ceases to exist:5
(a) All funds of the district shall be transmitted by the board to the6
governing authority of the city of Zachary within thirty days of dissolution.7
Such transmitted funds, together with any other funds collected by the East8
Baton Rouge Parish Sheriff's Office pursuant to this Section, shall be9
maintained in a separate account by the city and shall be used only to promote,10
encourage, and enhance the security, beautification, and overall betterment of11
the area formerly comprising the district.12
(b) The authority for the imposition of the parcel fee provided in this13
Section shall cease.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: