ENROLLED Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 260 BY REPRESENTATIVE ALFRED WILLIAMS 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 B. Boundaries. The district shall include all property located within the21 Goodwood Homesites Subdivision as established in the official subdivision plat filed22 with the clerk of court of East Baton Rouge Parish. The district shall include all23 residential and commercial parcels located on the following streets within the24 ENROLLEDHB NO. 260 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. designated range of addresses: 7700-8800 Airline Highway, 8504-8836 Airway1 Drive, 8076-8284 Albert Drive, 343-588 Fernwood Drive, 9065-8299 Franwood2 Drive, 8134-8263 Gladewood, 8257-8461 Greenmoss Drive, 8044-8545 Harry3 Drive, 966-8342 Landwood Drive, 1625-2300 N. Airway Drive, 943-11634 Orangewood Drive, 674-988 Princewood Court, 8021-8266 Queenswood Court,5 8122-8281 Royalwood Drive, 7878-8056 S. Choctaw Drive, 422-561 Thornwood6 Drive, 7933-8188 Tom Drive, and 674-1122 Wooddale Boulevard.7 C. Purpose. The purpose of the district shall be to aid in crime prevention8 and to add to the security of district residents by providing for an increase in the9 presence of law enforcement in the district and to serve the needs of the residents of10 the district by funding beautification and improvements for the overall betterment11 of the district.12 D. Governance. (1) The district shall be governed by a board of eleven13 commissioners, referred to in this Section as the "board". The board shall be14 composed as follows:15 (a) The president of the Goodwood Homesites Civic Association, Inc.,16 referred to in this Section as the "association", shall be a member.17 (b) The board of directors of the association shall appoint six members.18 (c) The mayor-president of the city of Baton Rouge, parish of East Baton19 Rouge shall appoint one member from a list of nominations submitted by the20 association.21 (d) The member of the governing authority of the city of Baton Rouge,22 parish of East Baton Rouge, whose council district encompasses all or the greater23 portion of the area of the district shall appoint one member from a list of nominations24 submitted by the association.25 (e) The member of the Louisiana House of Representatives whose district26 encompasses all or the greater portion of the area of the district shall appoint one27 member.28 (f) The member of the Louisiana Senate whose district encompasses all or29 the greater portion of the area of the district shall appoint one member.30 ENROLLEDHB NO. 260 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) All members of the board shall be residents of the district.1 (3)(a) Board members serving pursuant to Subparagraphs (1)(b) through (f)2 of this Subsection shall serve four-year terms after initial terms as provided in this3 Subparagraph. Two members shall serve initial terms of one year, two shall serve4 initial terms of two years, three shall serve initial terms of three years, and three shall5 serve initial terms of four years, as determined by lot at the first meeting of the6 board.7 (b) The member serving pursuant to Subparagraph (1)(a) of this Subsection8 shall serve during the term of office as president of the association.9 (c) Any vacancy in the membership of the board, occurring either by reason10 of the expiration of the term for which appointed or by reason of death, resignation,11 or otherwise, shall be filled in the manner of the original appointment. If the12 appointing authority responsible for the appointment of a member fails to fill a13 vacancy within thirty days, the remaining members of the board shall appoint an14 interim successor to serve until the position is filled by the appointing authority.15 (4) Board members shall be eligible for reappointment.16 (5) The board shall elect from its members a chairman, a vice chairman, a17 secretary, a treasurer, and such other officers as it may deem necessary. The duties18 of the officers shall be fixed by the bylaws adopted by the board.19 (6) The minute books and archives of the district shall be maintained by the20 secretary of the board. The monies, funds, and accounts of the district shall be in the21 official custody of the board. The board may hire paid or unpaid administrative22 support staff.23 (7) The board shall adopt such rules and regulations as it deems necessary24 or advisable for conducting its business affairs. Rules and regulations of the board25 relative to the notice and conduct of meetings shall conform to the Open Meetings26 Law. The board shall hold regular meetings as shall be provided for in the bylaws27 and may hold special meetings at such times and places within the district as may be28 prescribed in the bylaws.29 ENROLLEDHB NO. 260 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (8) A majority of the members of the board shall constitute a quorum for the1 transactions of business. The board shall keep minutes of all meetings and shall2 make them available through the secretary of the board.3 (9) Each member of the board shall have one vote, and the vote of a majority4 of the members of the board present and voting, a quorum being present, shall be5 required to decide any question upon which the board takes action.6 (10) The members of the board shall serve without compensation but shall7 be reimbursed for their reasonable out-of-pocket expenses directly related to the8 governance of the district.9 E. Powers and duties. The district, acting through its board, shall have the10 following powers and duties:11 (1) To sue and be sued.12 (2) To adopt, use, and alter at will a corporate seal.13 (3) To receive and expend funds collected pursuant to Subsection F of this14 Section and in accordance with a budget adopted as provided by Subsection H of this15 Section.16 (4) To enter into contracts with individuals or entities private or public.17 (5) To provide or enhance security patrols in the district, to provide for18 improved lighting, signage, or matters relating to the safety and security of the19 district, to provide for the beautification of and improvements for the district, or to20 provide generally for the overall betterment of all participating districts.21 (6) To enter into contracts and agreements with one or more other districts22 for the joint security, improvement, or betterment of all participating districts.23 (7) To provide for such services and make such expenditures as the board24 deems proper for the upkeep of the district.25 (8) To acquire or lease items and supplies which the board deems26 instrumental to achieving the purposes of the district.27 (9) To procure and maintain liability insurance against any personal or legal28 liability of a board member that may be asserted or incurred based upon his services29 ENROLLEDHB NO. 260 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. as a member of the board or that may arise as a result of his actions taken within the1 scope and discharge of his duties as a member of the board.2 (10) To perform or have performed any other function or activity necessary3 or appropriate to carry out the purposes of the district or for the overall betterment4 of the district.5 F. Parcel fee. The governing authority of the city of Baton Rouge, parish of6 East Baton Rouge is hereby authorized to impose and collect a parcel fee within the7 district subject to and in accordance with the provisions of this Subsection.8 (1) The amount of the fee shall be as requested by duly adopted resolution9 of the board. The fee shall be a flat fee per parcel of land not to exceed one hundred10 fifty dollars per year for residential parcels and four hundred fifty dollars per year11 for commercial parcels; however, the fee shall not exceed seventy dollars per year12 if any of the owners of the parcel is a person seventy years of age or older.13 (2) The fee shall be imposed on each improved parcel located within the14 district.15 (3) For purposes of this Section, "parcel" means a lot, a subdivided portion16 of ground, an individual tract, or a "condominium parcel" as defined in R.S.17 9:1121.103.18 (4) The owner of the parcel shall be responsible for payment of the fee.19 (5)(a) The fee shall be imposed only after the question of its imposition has20 been approved by a majority of the registered voters of the district voting on the21 proposition at an election held for that purpose in accordance with the Louisiana22 Election Code. The amount of the fee may be changed by duly adopted resolution23 of the board, not to exceed the maximum amount authorized in this Subsection. No24 other election shall be required except as provided by this Paragraph.25 (b) The fee shall expire five years after its initial levy but may be renewed26 if approved by a majority of the registered voters of the district voting on the27 proposition at an election as provided in Subparagraph (a) of this Paragraph. Any28 election to authorize the renewal of the fee shall be held only at the same time as a29 regularly scheduled election in the parish of East Baton Rouge. If the fee is renewed,30 ENROLLEDHB NO. 260 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the term of the imposition of the fee shall be as provided in the proposition1 authorizing such renewal, not to exceed eight years.2 (6) The fee shall be collected at the same time and in the same manner as ad3 valorem taxes on property subject to taxation by the parish of East Baton Rouge are4 collected.5 (7) Any parcel fee which is unpaid shall be added to the tax rolls of the6 parish of East Baton Rouge and shall be enforced with the same authority and subject7 to the same penalties and procedures as unpaid ad valorem taxes.8 (8)(a) The proceeds of the fee shall be used solely and exclusively for the9 purpose and benefit of the district.10 (b) The sheriff of the parish of East Baton Rouge shall remit to the district11 all amounts collected not more than sixty days after collection; however, the district12 may enter into an agreement with the sheriff to authorize the sheriff to retain a13 collection fee.14 G. Additional contributions. The district may solicit and accept additional15 voluntary contributions and grants to further the purposes of the district.16 H. Budget. (1) The board shall adopt an annual budget in accordance with17 the Local Government Budget Act, R.S. 39:1301 et seq.18 (2) The district shall be subject to audit by the legislative auditor pursuant19 to R.S. 24:513.20 I. Miscellaneous. It is the purpose and intent of this Section that any21 additional security patrols, public or private, any other security or other services or22 betterments provided by the district shall be supplemental to and not be in lieu of23 personnel and services to be provided in the district by the state of Louisiana, the city24 of Baton Rouge, parish of East Baton Rouge, or their departments or agencies or by25 any other political subdivision of the state.26 J. Dissolution. (1) The district may be dissolved without the vote of the27 registered voters of the district if a majority of the area covered by the district28 becomes included in another district that serves similar purposes but includes29 additional parcels of property adjacent to the district, if approved by the affirmative30 ENROLLEDHB NO. 260 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. vote of not less than six members of the board. If the district is dissolved in1 accordance with this Paragraph, the funds of the district that relate to the portion of2 the district that is included in the new district, together with any other funds collected3 by the parish of East Baton Rouge pursuant to this Section that relate to such portion4 of the district, shall be transferred to the new district to be used for purposes of the5 new district. The remaining portion of funds, if any, shall be transmitted by the6 board to the parish of East Baton Rouge and such funds shall be used only for law7 enforcement, security, improvement, and beautification purposes of the area that was8 formerly within the district but is not included in the new district.9 (2) If the district is dissolved pursuant to Paragraph (1) of this Subsection,10 the authority for the imposition of the parcel fee provided in Subsection F of this11 Section shall cease.12 K. Indemnification and exculpation. (1) The district shall indemnify its13 officers and board members to the fullest extent permitted by R.S. 12:227, as fully14 as if the district were a nonprofit corporation governed thereby, and as may be15 provided in the district's bylaws.16 (2) No board member or officer of the district shall be liable to the district17 or to any individual who resides, owns property, visits, or otherwise conducts18 business in the district for monetary damages for breach of his duties as a board19 member or officer, provided that the foregoing provision shall not eliminate or limit20 the liability of a board member or officer for any of the following:21 (a) Acts or omissions not in good faith or which involve intentional22 misconduct or a knowing violation of law.23 (b) Any transaction from which he derived an improper personal benefit.24 (3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.25 9:2792.1 through 2792.9, a person serving the district as a board member or officer26 shall not be individually liable for any act or omission arising out of the performance27 of his duties.28 Section 2. This Act shall become effective upon signature by the governor or, if not29 signed by the governor, upon expiration of the time for bills to become law without signature30 ENROLLEDHB NO. 260 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1 vetoed by the governor and subsequently approved by the legislature, this Act shall become2 effective on the day following such approval.3 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: