ENROLLED
Page 1 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 408
Regular Session, 2014
HOUSE BILL NO. 289
BY REPRESENTATIVE PONTI
AN ACT1
To enact R.S. 33:9097.22, relative to East Baton Rouge Parish; to create the Tara2
Subdivision Crime Prevention and Neighborhood Improvement District within the3
parish; to provide relative to the boundaries, purpose, governance, and powers and4
duties of the district; to provide relative to the funding, including the authority to5
impose a parcel fee, subject to voter approval, within the district; to provide with6
respect to termination of the district; and to 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. 33:9097.22 is hereby enacted to read as follows:12
ยง9097.22. Tara Subdivision 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 Tara Subdivision 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 shown on the final21
subdivision plats for Tara Subdivision filings First, Second, Third, Fourth, and Fifth22
filed with the East Baton Rouge Parish Clerk of Court including lots 1 through 62923
as more particularly described as follows: beginning at the intersection of Tara24 ENROLLEDHB NO. 289
Page 2 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Boulevard and Old Hammond Highway, at the southeast corner of Lot 610, proceed1
west along Old Hammond Highway to its intersection with the western property line2
of Lot 518, then north to the northernmost point of Lot 616, then east to the northeast3
corner of Lot 629, then diagonally across Tara Boulevard to the northwest corner of4
Lot 1, then east to the North Branch Ward Creek then southeast and south along the5
North Branch Ward Creek to the southern boundary of Lot 375, then west along6
Whitehall Avenue to its intersection with Oakley Drive, then south-southeast along7
Oakley Drive to its intersection with the southeastern boundary of Lot 282, then8
along the southeastern boundary of Lot 282 to its intersection with Normandy Lateral9
North Branch Ward Creek, then west-northwest along the Normandy Lateral North10
Branch Ward Creek to its intersection with Tara Boulevard, then south to the point11
of beginning.12
C. Purpose. The purpose of the district shall be to aid in crime prevention,13
to enhance security within the district, to provide for an increase in security patrols14
in the district, and to provide for the overall betterment of the district.15
D. Governance. (1) The district shall be governed by a seven-member board16
of commissioners, referred to in this Section as the "board". The board shall be17
composed as follows:18
(a) The board of directors of the Tara Civic Association, Inc., shall appoint19
four members.20
(b) The member of the Louisiana House of Representatives whose district21
encompasses all or the greater portion of the area of the district shall appoint one22
member.23
(c) The member of the Louisiana Senate whose district encompasses all or24
the greater portion of the area of the district shall appoint one member.25
(d) The assessor for the parish of East Baton Rouge shall appoint one26
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. 289
Page 3 of 7
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 of12
the 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 reasonable out-of-pocket expenses directly related to the governance15
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. 289
Page 4 of 7
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. 289
Page 5 of 7
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 through Fifth4
of Tara Subdivision, and which is listed on the tax rolls for assessment of property5
taxes. The owner of the parcel shall be responsible for payment of the fee.6
(2)(a) The amount of the fee shall be as provided in a duly adopted7
resolution of the board. The fee shall be a flat fee per parcel not to exceed two8
hundred dollars per year for each parcel; however, the initial fee for the first calendar9
year shall not exceed one hundred dollars per parcel.10
(b) The board may increase the fee one time during each subsequent calendar11
year not to exceed ten percent of the amount of the fee imposed during the previous12
calendar year; however, the amount of the fee shall not exceed the maximum amount13
authorized in Subparagraph (a) of this Paragraph.14
(c) No fee may be imposed or increased pursuant to the provisions of this15
Subsection unless the question of its imposition and the board's authority to increase16
the fee has been approved by a majority of the registered voters of the district who17
vote on the proposition at an election held for that purpose in accordance with the18
Louisiana Election Code.19
(d) If approved, the fee and the board's authority to increase the fee shall20
expire in ten years, but the fee and board's authority to increase the fee may be21
renewed if approved by a majority of the registered voters of the district voting on22
the proposition at an election as provided in Subparagraph (c) of this Paragraph. If23
the fee and board's authority to increase the fee is renewed, the term of the24
imposition of the fee shall be as provided in the proposition authorizing such25
renewal, not to exceed ten years.26
(3) The fee shall be collected at the same time and in the same manner as ad27
valorem taxes are collected for East Baton Rouge Parish. The tax collector shall28
collect and remit to the district all amounts collected not more than sixty days after29
collection; however, the district may enter into an agreement with the tax collector30 ENROLLEDHB NO. 289
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
to authorize retention of an annual collection fee, not to exceed one percent of the1
amount collected.2
(4) Any parcel fee which is unpaid shall be added to the tax rolls of East3
Baton Rouge Parish and shall be enforced with the same authority and subject to the4
same penalties and procedures as unpaid ad valorem taxes.5
G. Additional contributions. The district is authorized to solicit, accept, and6
expend additional voluntary contributions and grants to carry out the purposes of the7
district.8
H. Budget. (1) The board shall adopt an annual budget in accordance with9
the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.10
(2) The district shall be subject to audit by the legislative auditor pursuant11
to R.S. 24:513.12
I. Miscellaneous provisions. (1) It is the purpose and intent of this Section13
that any additional law enforcement personnel and services provided for through the14
fees authorized in this Section shall be supplemental to, and not in lieu of, personnel15
and services to be provided in the district by publicly funded law enforcement16
agencies.17
(2) If the district ceases to exist, any funds, equipment, and property of the18
district shall be transmitted to the governing authority of the parish of East Baton19
Rouge and shall be used only within the district for the purposes set forth in this20
Section.21
J. Indemnification and exculpation. (1) The district shall indemnify its22
officers and board members to the fullest extent permitted by R.S. 12:227, as fully23
as if the district were a nonprofit corporation governed thereby, and as may be24
provided in the district's bylaws.25
(2) No board member or officer of the district shall be liable to the district26
or to any individual who resides, owns property, visits, or otherwise conducts27
business in the district for monetary damages, for breach of his duties as a board28
member or officer, provided that this provision shall not eliminate or limit the29
liability of a board member or officer for any of the following:30 ENROLLEDHB NO. 289
Page 7 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(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 or she derived an improper personal3
benefit.4
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.5
9:2792.1 through 2792.9, a person serving the district as a board member or officer6
shall not be individually liable for any act or omission arising out of the performance7
of his duties.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: