Louisiana 2013 Regular Session

Louisiana House Bill HB260 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 143
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
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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
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(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
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(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
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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
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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
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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
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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: