ENROLLED Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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: