Louisiana 2014 Regular Session

Louisiana House Bill HB1010 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 831
Regular Session, 2014
HOUSE BILL NO. 1010
BY REPRESENTATIVE ALFRED WILLIAMS
AN ACT1
To enact R.S. 33:9097.22, relative to East Baton Rouge Parish; to create the Villa del Rey2
Crime Prevention and Neighborhood Improvement District within the parish; to3
provide relative to the boundaries, purpose, governance, and powers and duties of4
the district; to provide relative to the funding, including the authority to impose a5
parcel fee, subject to voter approval, within the district; and to provide for related6
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. 33:9097.22 is hereby enacted to read as follows:12
ยง9097.22. Villa del Rey Crime Prevention and Neighborhood Improvement District13
A. Creation.  There is hereby created within the parish of East Baton Rouge,14
as more specifically provided in Subsection B of this Section, a body politic and15
corporate which shall be known as the Villa del Rey Crime Prevention and16
Neighborhood Improvement District, referred to in this Section as the "district". The17
district shall be a political subdivision of the state as defined in the Constitution of18
Louisiana.19
B. Boundaries.  The district shall include all property shown on the final20
subdivision plats for Villa del Rey Subdivision filings First, Second, Third, Fourth,21
Fifth, Sixth, Seventh and Eighth including lots 1 through 811, Villa del Rey Park22
Subdivision including lots 1 through 6, lots 8 through 47 and lots 58 through 95 and23
Castlewood Subdivision including lots 3 through 14, lot 15A, lots 18 through 25 and24 ENROLLEDHB NO. 1010
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lots 29 through 32 and Milnor Subdivision recorded with the East Baton Rouge1
Parish Clerk of Court, as more particularly described as follows:  Begin at the2
northwest corner of lot 728 of Villa del Rey, proceed east along the northern3
boundaries of the lots fronting W. Daryl Parkway crossing Monterrey Boulevard,4
Palermo Drive and San Clemente to the northeast corner of lot 710 of Villa del Rey,5
then south along the eastern boundary of lot 710 of Villa del Rey, then south along6
the eastern boundaries of the lots fronting San Clemente Drive, then south across7
Jones Creek, then south along the eastern boundary of lot 347 of Villa del Rey to8
Sharp Lane, then south along the centerline of Sharp Lane diagonally to its9
intersection with the southeast corner of lot 1 of Milnor Subdivision, then west along10
the southern boundaries of the lots fronting Karen, across Milnor Drive, west along11
the southern boundary of lot 5 of Milnor north along the west boundaries of lots 5,12
6, and 7 of Milnor Subdivision to the southeast corner of lot 93 of Villa del Rey13
Park, then west along the southern boundaries of the lots fronting Patio Court to the14
southwest corner of lot 80 of Villa del Rey Park, then north-northwest along the15
western boundaries of lots 80, 79, and 78 of Villa del Rey Park, then west across16
Jones Creek, then west along the southern boundaries of the lots fronting W. Pomona17
Drive to the southwest corner of lot 184 of Villa del Rey, then south along the18
eastern boundaries of the lots fronting Monterrey Boulevard to the southeast corner19
of lot 42 of Villa del Rey, then east along the northern boundaries of lots fronting20
Berkeley Street to the northeast corner of lot 18 of Castlewood, then south along the21
eastern boundaries of the lots fronting Castlewood Drive to the southeast corner of22
lot 25 of Castlewood Subdivision, then west along the southern boundary of lot 2523
to the southwest corner of lot 25, then across Castlewood Drive to the southeast24
corner of lot 3 of Castlewood Subdivision, then west along the southern boundaries25
of lots 3 and 32 of Castlewood Subdivision, then south along the east side of26
Monterrey Boulevard to the north side of Florida Boulevard North Service Road,27
then west to its intersection of the west side of Monterrey Boulevard, then north to28
the southeast corner of lot 1 of Villa del Rey, then west along the southern29
boundaries of the lots fronting San Lo Drive to the southwest corner of lot 6 of Villa30 ENROLLEDHB NO. 1010
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del Rey, then north along the western boundaries of lot 6 and the lots fronting S.1
Alameda Drive, across W. Pomona Drive and Cuyhanga Parkway, then north along2
the western boundary of lot 88 of Villa del Rey, then north across Jones Creek, then3
north along the western boundaries of the lots fronting N. Alameda Drive, then north4
across W. Tams Drive, then north along the western boundaries of the lots fronting5
N. Alameda Drive, then north across W. Darryl Parkway, then north along the6
western boundary of lot 728 of Villa del Rey Subdivision to the point of beginning.7
C. Purpose.  The purpose of the district shall be to aid in crime prevention,8
to enhance security within the district, to provide for an increase in security patrols9
in the district, to beautify and improve the common areas within the district, and to10
provide for the overall betterment of the district.11
D. Governance.  (1)  The district shall be governed by a seven-member board12
of commissioners, referred to in this Section as the "board".  The board shall be13
composed as follows:14
(a)  The president of the Villa del Rey Citizens Association, Inc.15
(b) The board of directors of the Villa del Rey Citizens Association, Inc.16
shall appoint two members.17
(c) The member of the Louisiana House of Representatives whose district18
encompasses all or the greater portion of the area of the district shall appoint one19
member.20
(d)  The member of the Louisiana Senate whose district encompasses all or21
the greater portion of the area of the district shall appoint one member.22
(e) The council member of the governing authority for East Baton Rouge23
Parish who represents all or the greater portion of the area of the district shall appoint24
one member.25
(f) The mayor-president of the city of Baton Rouge and parish of East Baton26
Rouge shall appoint one member.27
(2) All members of the board shall own property and reside within the28
district and shall be qualified voters of the district.29 ENROLLEDHB NO. 1010
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(3)(a) Members shall serve four-year terms after the initial terms as provided1
in this Subparagraph. Two members shall serve an initial term of one year; two shall2
serve two years; two shall serve three years, and one shall serve four years, as3
determined by lot at the first meeting of the board.4
(b)  Members shall be eligible for reappointment.5
(4) Any vacancy in the membership of the board shall be filled in the manner6
of the original appointment.  If the appointing authority responsible for the7
appointment of a member fails to fill a vacancy within thirty days, the remaining8
members of the board may appoint an interim successor to serve until the position9
is filled by the appointing authority.10
(5) The board shall elect from its members a chairman, a vice chairman, a11
secretary, a treasurer, and such other officers as it deems necessary. The duties of the12
officers shall be fixed by the bylaws adopted by the board.13
(6) The members of the board shall serve without compensation but shall be14
reimbursed for their reasonable out-of-pocket expenses directly related to the15
governance of the district, not to exceed one hundred dollars per year.16
(7) The board shall keep minutes of all meetings and shall make them17
available through the secretary of the board. The minute books and archives of the18
district shall be maintained by the secretary of the board.  The monies, funds, and19
accounts of the district shall be in the official custody of the board.20
(8) The board shall adopt such rules and regulations as it deems necessary21
or advisable for conducting its business affairs. Rules and regulations of the board22
relative to the notice and conduct of meetings shall conform to applicable provisions23
of the Open Meetings Law. The board shall hold regular meetings as shall be24
provided for in the bylaws and may hold special meetings at such times and places25
within East Baton Rouge Parish as may be prescribed in the bylaws.26
(9) A majority of the membership of the board shall constitute a quorum for27
the transaction of business, and all official action of the board shall require the28
favorable vote of a majority of those members present and voting.  All members of29
the board shall be voting members.30 ENROLLEDHB NO. 1010
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(10)  The domicile of the board shall be in East Baton Rouge Parish.1
E. Powers and duties.  The district, acting through its board, shall have the2
following powers and duties:3
(1)  To sue and be sued.4
(2)  To adopt, use, and alter at will a corporate seal.5
(3) To receive and expend funds collected pursuant to Subsections F and G6
of this Section and in accordance with a budget adopted as provided by Subsection7
H of this Section.8
(4)  To enter into contracts with individuals or entities, private or public.9
(5) To provide or enhance security patrols in the district, to provide for10
improved lighting, signage, or matters relating to the security of the district, to11
provide for the beautification of and improvement to the district, and to provide12
generally for the overall betterment of the district.13
(6)  To enter into contracts and agreements with one or more other districts14
for the joint security, improvement, or betterment of all participating districts.15
(7)  To provide for such services and make such expenditures as the board16
deems proper to carry out the purposes of the district.17
(8) To acquire or lease items and supplies which the board deems proper to18
carry out the purposes of the district.19
(9) To procure and maintain liability insurance against any personal or legal20
liability of a board member that may be asserted or incurred based upon service as21
a member of the board or that may arise as a result of actions taken within the scope22
and discharge of duties as a member of the board.23
(10) To perform or have performed any other function or activity necessary24
or appropriate to carry out the purposes of the district or for the overall betterment25
of the district.26
F. Parcel fee.  The governing authority of the district may impose and collect27
a parcel fee within the district subject to and in accordance with the provisions of this28
Subsection:29 ENROLLEDHB NO. 1010
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(1)(a) The fee shall be imposed on each improved and unimproved parcel1
located within the district.2
(b) For the purposes of this Section, a parcel shall be defined as a lot, a3
subdivided portion of ground, or an individual tract within Filings First through4
Eighth of Villa del Rey, Villa del Rey Park, Castlewood, and Milnor Subdivisions,5
and which is listed on the tax rolls for assessment of property taxes.  The owner of6
the parcel shall be responsible for payment of the fee.7
(2)(a) The amount of the parcel fee shall be as provided by duly adopted8
resolution of the governing authority of the district. The annual parcel fee shall not9
exceed  two hundred fifty dollars per parcel per year.  Owners who have been10
granted the special assessment level provided by Article VII, Section 18(G)(1) of the11
Constitution of Louisiana shall be charged fifty percent of the parcel fee charged to12
other owners.13
(b) The annual parcel fee shall be imposed only after the question of its14
imposition has been approved by a majority of the registered voters of the district15
voting on the proposition at an election held for that purpose in accordance with the16
Louisiana Election Code.17
(3) A parcel fee shall expire ten years after its levy but may be renewed for18
additional terms not to exceed ten years if approved by the voters in the manner19
provided in Subparagraph (2)(b) of this Subsection.20
(4) The parcel fee shall be collected at the same time and in the same manner21
as ad valorem taxes are collected for East Baton Rouge Parish. The tax collector22
shall collect and remit to the district all amounts collected; however, the district may23
enter into an agreement with the tax collector to authorize the tax collector to retain24
an annual collection fee, not to exceed one percent of the amount collected.25
(5) Any parcel fee which is unpaid shall be added to the tax rolls of East26
Baton Rouge Parish and shall be enforced with the same authority and subject to the27
same penalties and procedures as unpaid ad valorem taxes.28 ENROLLEDHB NO. 1010
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G. Additional contributions.  The district is authorized to solicit, accept and1
expend additional voluntary contributions and grants to carry out the purposes of the2
district.3
H. Budget.  (1)  The board shall adopt an annual budget in accordance with4
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.5
(2) The district shall be subject to audit by the legislative auditor pursuant6
to R.S. 24:513.7
I. Miscellaneous provisions.  (1)  It is the purpose and intent of this Section8
that any additional law enforcement personnel and services provided for through the9
fees authorized in this Section shall be supplemental to and not in lieu of personnel10
and services to be provided in the district by publicly funded law enforcement11
agencies.12
(2)  If the district ceases to exist, any funds, equipment, and property of the13
district shall be transmitted to the governing authority of the parish of East Baton14
Rouge and shall be used only within the area comprising the district for the purposes15
set forth in this Section.16
J. Indemnification and exculpation.  (1)  The district shall indemnify its17
officers and board members to the fullest extent permitted by R.S. 12:227, as fully18
as if the district were a nonprofit corporation governed thereby, and as may be19
provided in the district's bylaws.20
(2) No board member or officer of the district shall be liable to the district21
or to any individual who resides, owns property, visits, or otherwise conducts22
business in the district for monetary damages for breach of his duties as a board23
member or officer, provided that this provision shall not eliminate or limit the24
liability of a board member or officer for any of the following:25
(a) Acts or omissions not in good faith or which involve intentional26
misconduct or a knowing violation of law.27
(b)  Any transaction from which he derived an improper personal benefit.28
(3)  To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.29
9:2792.1 through 2792.9, a person serving the district as a board member or officer30 ENROLLEDHB NO. 1010
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shall not be individually liable for any act or omission arising out of the performance1
of his duties.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: