HLS 13RS-415 ENGROSSED
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Regular Session, 2013
HOUSE BILL NO. 260
BY REPRESENTATIVE ALFRED WILLIAMS
DISTRICTS/CRIME PREVENT: Creates the Goodwood Homesites Crime Prevention and
Neighborhood Improvement District in East Baton Rouge Parish
AN ACT1
To enact R.S. 33:9097.19, relative to East Baton Rouge Parish; to create the Goodwood2
Homesites Crime Prevention and Neighborhood Improvement District; to provide3
relative to the boundaries, purpose, governance, and powers and duties of the district;4
to provide relative to district funding, including the authority to impose a parcel fee5
within the district; to provide with respect to termination of the district; and to6
provide for related matters.7
Notice of intention to introduce this Act has been published8
as provided by Article III, Section 13 of the Constitution of9
Louisiana.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 33:9097.19 is hereby enacted to read as follows:12
ยง9097.19. Goodwood Homesites Crime Prevention and Neighborhood Improvement13
District14
A. Creation. There is hereby created within the parish of East Baton Rouge,15
as more specifically provided in Subsection B of this Section, a body politic and16
corporate which shall be known as the Goodwood Homesites Crime Prevention and17
Neighborhood Improvement District, referred to in this Section as the "district". The18
district shall be a political subdivision of the state as defined in the Constitution of19
Louisiana.20 HLS 13RS-415 ENGROSSED
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B. Boundaries. The district shall include all property located within the1
Goodwood Homesites Subdivision as established in the official subdivision plat filed2
with the clerk of court of East Baton Rouge Parish. The district shall include all3
residential and commercial parcels located on the following streets within the4
designated range of addresses: 7700-8800 Airline Highway, 8504-8836 of Airway5
Drive, 8076-8284 Albert Drive, 343-588 Fernwood Drive, 9065-8299 Franwood6
Drive, 8134-8263 Gladewood, 8257-8461 Greenmoss Drive, 8044-8545 Harry7
Drive, 966-8342 Landwood Drive, 1625-2300 N. Airway Drive, 943-11638
Orangewood Drive, 674-988 Princewood Court, 8021-8266 Queenswood Court,9
8122-8281 Royalwood Drive, 7878-8056 S. Choctaw Drive, 422-561 Thornwood10
Drive, 7933-8188 Tom Drive, and 674-1122 Wooddale Boulevard.11
C. Purpose. The purpose of the district shall be to aid in crime prevention12
and to add to the security of district residents by providing for an increase in the13
presence of law enforcement in the district and to serve the needs of the residents of14
the district by funding beautification and improvements for the overall betterment15
of the district.16
D. Governance. (1) The district shall be governed by a board of eleven17
commissioners, referred to in this Section as the "board". The board shall be18
composed as follows:19
(a) The president of the Goodwood Homesites Civic Association, Inc.,20
referred to in this Section as the "association", shall be a member.21
(b) The board of directors of the association shall appoint six members.22
(c) The mayor-president of the city of Baton Rouge, parish of East Baton23
Rouge shall appoint one member from a list of nominations submitted by the24
association.25
(d) The member of the governing authority of the city of Baton Rouge,26
parish of East Baton Rouge, whose council district encompasses all or the greater27
portion of the area of the district shall appoint one member from a list of nominations28
submitted by the association.29 HLS 13RS-415 ENGROSSED
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(e) The member of the Louisiana House of Representatives whose district1
encompasses all or the greater portion of the area of the district shall appoint one2
member.3
(f) The member of the Louisiana Senate whose district encompasses all or4
the greater portion of the area of the district shall appoint one member.5
(2) All members of the board shall be residents of the district.6
(3)(a) Board members serving pursuant to Subparagraphs (1)(b) through (f)7
of this Subsection shall serve four-year terms after initial terms as provided in this8
Subparagraph. Two members shall serve initial terms of one year, two shall serve9
initial terms of two years, three shall serve initial terms of three years, and three shall10
serve initial terms of four years, as determined by lot at the first meeting of the11
board.12
(b) The member serving pursuant to Subparagraph (1)(a) of this Subsection13
shall serve during the term of office as president of the association.14
(c) Any vacancy in the membership of the board, occurring either by reason15
of the expiration of the term for which appointed or by reason of death, resignation,16
or otherwise, shall be filled in the manner of the original appointment. If the17
appointing authority responsible for the appointment of a member fails to fill a18
vacancy within thirty days, the remaining members of the board shall appoint an19
interim successor to serve until the position is filled by the appointing authority.20
(4) Board members shall be eligible for reappointment.21
(5) The board shall elect from its members a chairman, a vice chairman, a22
secretary, a treasurer, and such other officers as it may deem necessary. The duties23
of the officers shall be fixed by the bylaws adopted by the board.24
(6) The minute books and archives of the district shall be maintained by the25
secretary of the board. The monies, funds, and accounts of the district shall be in the26
official custody of the board. The board may hire paid or unpaid administrative27
support staff.28 HLS 13RS-415 ENGROSSED
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(7) The board shall adopt such rules and regulations as it deems necessary1
or advisable for conducting its business affairs. Rules and regulations of the board2
relative to the notice and conduct of meetings shall conform to the Open Meetings3
Law. The board shall hold regular meetings as shall be provided for in the bylaws4
and may hold special meetings at such times and places within the district as may be5
prescribed in the bylaws.6
(8) A majority of the members of the board shall constitute a quorum for the7
transactions of business. The board shall keep minutes of all meetings and shall8
make them available through the secretary of the board.9
(9) Each member of the board shall have one vote, and the vote of a majority10
of the members of the board present and voting, a quorum being present, shall be11
required to decide any question upon which the board takes action.12
(10) The members of the board shall serve without compensation but shall13
be reimbursed for their reasonable out-of-pocket expenses directly related to the14
governance of the district.15
E. Powers and duties. The district, acting through its board, shall have the16
following powers and duties:17
(1) To sue and be sued.18
(2) To adopt, use, and alter at will a corporate seal.19
(3) To receive and expend funds collected pursuant to Subsection F of this20
Section and in accordance with a budget adopted as provided by Subsection H of this21
Section.22
(4) To enter into contracts with individuals or entities private or public.23
(5) To provide or enhance security patrols in the district, to provide for24
improved lighting, signage, or matters relating to the safety and security of the25
district, to provide for the beautification of and improvements for the district, or to26
provide generally for the overall betterment of all participating districts.27
(6) To enter into contracts and agreements with one or more other districts28
for the joint security, improvement, or betterment of all participating districts.29 HLS 13RS-415 ENGROSSED
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(7) To provide for such services and make such expenditures as the board1
deems proper for the upkeep of the district.2
(8) To acquire or lease items and supplies which the board deems3
instrumental to achieving the purposes of the district.4
(9) To procure and maintain liability insurance against any personal or legal5
liability of a board member that may be asserted or incurred based upon his services6
as a member of the board or that may arise as a result of his actions taken within the7
scope and discharge of his duties as a member of the board.8
(10) To perform or have performed any other function or activity necessary9
or appropriate to carry out the purposes of the district or for the overall betterment10
of the district.11
F. Parcel fee. The governing authority of the city of Baton Rouge, parish of12
East Baton Rouge is hereby authorized to impose and collect a parcel fee within the13
district subject to and in accordance with the provisions of this Subsection.14
(1) The amount of the fee shall be as requested by duly adopted resolution15
of the board. The fee shall be a flat fee per parcel of land not to exceed one hundred16
fifty dollars per year for residential parcels and four hundred fifty dollars per year17
for commercial parcels.18
(2) The fee shall be imposed on each improved parcel located within the19
district; however, a fee of seventy dollars per calendar year shall be imposed on a20
parcel if any of the owners of the parcel are persons seventy years of age or older.21
(3) For purposes of this Section, "parcel" means a lot, a subdivided portion22
of ground, an individual tract, or a "condominium parcel" as defined in R.S.23
9:1121.103.24
(4) The owner of the parcel shall be responsible for payment of the fee.25
(5)(a) The fee shall be imposed only after the question of its imposition has26
been approved by a majority of the registered voters of the district voting on the27
proposition at an election held for that purpose in accordance with the Louisiana28
Election Code. The amount of the fee may be changed by duly adopted resolution29 HLS 13RS-415 ENGROSSED
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of the board, not to exceed the maximum amount authorized in this Subsection. No1
other election shall be required except as provided by this Paragraph.2
(b) The fee shall expire five years after its initial levy but may be renewed3
if approved by a majority of the registered voters of the district voting on the4
proposition at an election as provided in Subparagraph (a) of this Paragraph. Any5
election to authorize the renewal of the fee shall be held only at the same time as a6
regularly scheduled election in the parish of East Baton Rouge. If the fee is renewed,7
the term of the imposition of the fee shall be as provided in the proposition8
authorizing such renewal, not to exceed eight years.9
(6) The fee shall be collected at the same time and in the same manner as ad10
valorem taxes on property subject to taxation by the parish of East Baton Rouge are11
collected.12
(7) Any parcel fee which is unpaid shall be added to the tax rolls of the13
parish of East Baton Rouge and shall be enforced with the same authority and subject14
to the same penalties and procedures as unpaid ad valorem taxes.15
(8)(a) The proceeds of the fee shall be used solely and exclusively for the16
purpose and benefit of the district; however, the sheriff of the parish of East Baton17
Rouge may retain one percent of the amount collected as a collection fee.18
(b) The sheriff of the parish of East Baton Rouge shall remit to the district19
all amounts collected not more than sixty days after collection.20
G. Additional contributions. The district may solicit and accept additional21
voluntary contributions and grants to further the purposes of the district.22
H. Budget. (1) The board shall adopt an annual budget in accordance with23
the Local Government Budget Act, R.S. 39:1301 et seq.24
(2) The district shall be subject to audit by the legislative auditor pursuant25
to R.S. 24:513.26
I. Miscellaneous. It is the purpose and intent of this Section that any27
additional security patrols, public or private, any other security or other services or28
betterments provided by the district shall be supplemental to and not be in lieu of29 HLS 13RS-415 ENGROSSED
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personnel and services to be provided in the district by the state of Louisiana, the city1
of Baton Rouge, parish of East Baton Rouge, or their departments or agencies or by2
any other political subdivision of the state.3
J. Dissolution. (1) The district may be dissolved without the vote of the4
registered voters of the district if a majority of the area covered by the district5
becomes included in another district that serves similar purposes but includes6
additional parcels of property adjacent to the district, if approved by the affirmative7
vote of not less than six members of the board. If the district is dissolved in8
accordance with this Paragraph, the funds of the district that relate to the portion of9
the district that is included in the new district, together with any other funds collected10
by the parish of East Baton Rouge pursuant to this Section that relate to such portion11
of the district, shall be transferred to the new district to be used for purposes of the12
new district. The remaining portion of funds, if any, shall be transmitted by the13
board to the parish of East Baton Rouge and such funds shall be used only for law14
enforcement, security, improvement, and beautification purposes of the area that was15
formerly within the district but is not included in the new district.16
(2) If the district is dissolved pursuant to Paragraph (1) of this Subsection,17
the authority for the imposition of the parcel fee provided in Subsection F of this18
Section shall cease.19
K. Indemnification and exculpation. (1) The district shall indemnify its20
officers and board members to the fullest extent permitted by R.S. 12:227, as fully21
as if the district were a nonprofit corporation governed thereby, and as may be22
provided in the district's bylaws.23
(2) No board member or officer of the district shall be liable to the district24
or to any individual who resides, owns property, visits, or otherwise conducts25
business in the district for monetary damages for breach of his duties as a board26
member or officer, provided that the foregoing provision shall not eliminate or limit27
the liability of a board member or officer for any of the following:28 HLS 13RS-415 ENGROSSED
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(a) Acts or omissions not in good faith or which involve intentional1
misconduct or a knowing violation of law.2
(b) Any transaction from which he derived an improper personal benefit.3
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.4
9:2792.1 through 2792.9, a person serving the district as a board member or officer5
shall not be individually liable for any act or omission arising out of the performance6
of his duties.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Alfred Williams HB No. 260
Abstract: Creates the Goodwood Homesites Crime Prevention and Neighborhood
Improvement District in East Baton Rouge Parish in order to aid in crime prevention
and to add to the security of district residents by providing for an increase in the
presence of law enforcement personnel in the district. Provides for a board of
commissioners and for the imposition and use of a parcel fee.
Proposed law creates the Goodwood Homesites Crime Prevention and Neighborhood
Improvement District in East Baton Rouge Parish as a political subdivision of the state in
order to aid in crime prevention and to add to the security of district residents by providing
for an increase in the presence of law enforcement personnel in the district. Provides for
district boundaries.
Proposed law provides that the district shall be governed by an 11-member board of
commissioners composed as follows:
(1)The president of the Goodwood Homesites Civic Association (association), Inc.,
shall be a member.
(2)Six members appointed by the board of directors of the association.
(3)One member appointed by the mayor-president of the city of Baton Rouge, parish
of East Baton Rouge from a list of nominations submitted by the association.
(4)One member appointed by the member of the governing authority of the city of
Baton Rouge, parish of East Baton Rouge whose council district encompasses all or HLS 13RS-415 ENGROSSED
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the greater portion of the area of the district from a list of nominations submitted by
the association.
(5)One member appointed by the member of the La. House of Representatives whose
district encompasses all or the greater portion of the area of the district.
(6)One member appointed by the member of the La. Senate whose district encompasses
all or the greater portion of the area of the district.
Proposed law provides for the district's powers and duties, including the following:
(1)To sue and be sued.
(2)To adopt, use, and alter at will a corporate seal.
(3)To receive and expend funds collected pursuant to proposed law and in accordance
with a budget adopted as provided by proposed law.
(4)To provide or enhance security patrols.
(5)To enter into contracts and agreements with one or more other districts for the joint
security, improvement, or betterment of all participating districts.
(6)To perform or have performed any other function or activity necessary for achieving
the district's purpose.
Proposed law authorizes the governing authority of the city of Baton Rouge, parish of East
Baton Rouge, subject to voter approval, to impose and collect a parcel fee within the district
which amount shall be as requested by duly adopted board resolution. Provides that the
amount of the fee shall not be more than $150 per parcel per year on residential properties
and $450 per parcel per year on commercial properties. Requires that the fee be imposed
on each improved parcel located within the district.
Proposed law defines "parcel" as a lot, a subdivided portion of ground, an individual tract,
or a condominium parcel as defined in present law (R.S. 9:1121.103).
Proposed law provides that the fee shall expire five years after its levy but authorizes
renewal of the fee. Provides that the term of the imposition of the fee shall be as provided
in the proposition authorizing such renewal, not to exceed eight years.
Proposed law provides that the fee shall be collected in the same manner and at the same
time as ad valorem taxes and that any unpaid fee shall be added to the parish tax rolls and
enforced with the same authority and subject to the same penalties and procedures as unpaid
ad valorem taxes. Proposed law requires that the fee proceeds be used solely and exclusively
for the district's purpose and benefit. Authorizes the sheriff to retain 1% of the amount
collected as a collection fee. Requires the sheriff to remit to the district all amounts
collected not more than 60 days after collection.
Proposed law authorizes the district's solicitation and acceptance of voluntary contributions
and grants to further district purposes.
Proposed law requires the board to adopt an annual budget in accordance with the Local
Government Budget Act and provides that the district shall be subject to audit by the
legislative auditor.
Proposed law provides that its intent is that additional security patrols provided by the
district shall be supplemental to and not in lieu of personnel and services provided in the HLS 13RS-415 ENGROSSED
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district by the state, the city-parish , or their departments or agencies or by any other political
subdivisions.
Proposed law permits dissolution of the district without the vote of the district's registered
voters if a majority of the district's area becomes included in another district that serves
similar purposes but includes additional parcels of adjacent property, if approved by at least
six board members. Provides that district funds related to the portion of the district that is
included in the new district, together with any other funds collected by East Baton Rouge
Parish pursuant to proposed law that relate to such portion of the district, shall be transferred
to the new district to be used for purposes of the new district. Proposed law provides that
any remaining funds shall be transmitted by the board to the parish and that such funds shall
be used only for law enforcement, security, improvement, and beautification purposes of the
area that was formerly within the district but not in the new district. Further provides that if
the district is dissolved according to proposed law, the authority to impose the parcel fee
shall cease.
Proposed law requires the district to indemnify its officers and board members to the fullest
extent permitted by present law (relative to indemnification of officers, directors, employees,
and agents of nonprofit corporations) as fully as if the district were a nonprofit corporation
governed thereby and as may be provided in district bylaws. Provides that no board member
or officer shall be liable to the district or to any individual who resides, owns property, visits,
or otherwise conducts business in the district for monetary damages for breach of duties;
however, provides that this shall not eliminate or limit the liability of a board member or
officer for:
(1)Acts or omissions not in good faith or which involve intentional misconduct or a
knowing violation of law.
(2)Any transaction from which he derived an improper personal benefit.
Proposed law provides that a board member or officer shall not be individually liable for any
act or omission arising out of the performance of his duties to the fullest extent permitted by
present law relative to limitation of liability of directors, officers, and trustees of certain
organizations or districts.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:9097.19)