Louisiana Revised Statutes 33:9097.3 – Wedgewood Crime Prevention and Improvement District
Terms Used In Louisiana Revised Statutes 33:9097.3
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. Creation. There is hereby created within the parish of East Baton Rouge, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Wedgewood Crime Prevention and Improvement District, hereinafter referred to as the “district”. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.
B. Boundaries. The boundaries of the district shall be coterminous with the boundaries of the Wedgewood Subdivision in East Baton Rouge Parish as established in the official subdivision plat filed with the clerk of court of East Baton Rouge Parish. Along with the properties within the aforementioned boundaries, also included are all commercial properties fronting the western boundary of O’Neal Lane north of the southern boundary of Lot 157-A-1-A Wedgewood Subdivision and south of I-12, including Tract B-1 of the Wilbur Whitehead property and all commercial lots fronting Hatteras Avenue; the following lots of the G. B. Mundinger Tract: Lots C-2-D, B-2-B-1, B-1, A-1-C-1, A-4-A-1-A-1, B-2-A, E-1-B, E-2, E-3, E-4, G-1-1, G-1-2-A-1-A, and a 1.82 acre tract also known as a portion of Lot F; and the Forest Park Office Plaza Condominium fronting the north boundary of S. Harrell’s Ferry Road.
C. Purpose. The purpose of the district shall be to aid in crime prevention, to enhance security within the district, to provide for an increase in security patrols in the district, to beautify and improve the common areas within the district, and to provide for the overall betterment of the district.
D. Governance. (1) The district shall be governed by a board of commissioners consisting of seven members as follows:
(a) The president of the Wedgewood Civic Association, Inc.
(b) The board of directors of the Wedgewood Civic Association, Inc. or its successor shall appoint one member.
(c) The member or members of the Louisiana House of Representatives who represent the area which comprises the district shall appoint one member.
(d) The member or members of the Louisiana Senate who represent the area which comprises the district shall appoint one member.
(e) The assessor for the parish of East Baton Rouge shall appoint one member.
(f) The mayor-president shall appoint one member.
(g) The metro council member or council members who represent the district shall appoint one member.
(2) All members of the board shall own property within the district.
(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(c) through (g) of this Subsection shall be concurrent with the respective appointing authority.
(b) The member serving pursuant to Subparagraph (1)(b) of this Subsection shall serve a term of four years after an initial term of one year.
(c) The member serving pursuant to Subparagraph (1)(a) shall serve during his term of office.
(4) Vacancies resulting from the expiration of a term or any other reason shall be filled in the manner of the original appointment. Members shall be eligible for reappointment.
(5) The members of the board shall select from among themselves a president and such other officers as they deem appropriate. The responsibilities of the officers shall be as provided by the bylaws of the board.
(6) The members of the board shall serve without compensation and shall not receive reimbursement for expenses.
E. Powers and duties. The district, acting through its board of commissioners, shall have the following powers and duties:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To receive and expend funds collected pursuant to Subsection F and in accordance with a budget adopted as provided by Subsection G of this Section.
(4) To enter into contracts with individuals or entities, private or public, for the provision of security patrols in the district.
(5) To purchase items and supplies which the board deems instrumental to achieving the purpose of the district.
(6) To perform or have performed any other function or activity necessary for the achievement of the purpose of the district.
F. Parcel fee. The district may impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection:
(1) The amount of the fee shall be as requested by duly adopted resolution of the governing authority of the district. The fee, however, shall not exceed one hundred fifty dollars per parcel per year for parcels zoned residential and four hundred dollars per parcel per year for parcels zoned commercial. The initial fee shall be ninety-five dollars per parcel per year for parcels zoned residential and two hundred fifty dollars per parcel per year for parcels zoned commercial.
(2)(a) The fee shall be imposed on each improved parcel located within the district.
(b) For purposes of this Section, “parcel” means a lot, a subdivided portion of ground, or an individual tract and does not mean a “condominium parcel” as defined in La. Rev. Stat. 9:1121.103. Thus, with respect to condominiums, the fee collector shall impose the parcel fee on each lot on which condominiums are situated and not on individual condominium units.
(c) The owner of the parcel shall be responsible for payment of the fee.
(3)(a) The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district voting at an election held for that purpose in accordance with the Louisiana Election Code. At least thirty days prior to any election held to approve imposition of a parcel fee, the board of commissioners shall mail notification of the upcoming election to each registered voter of the district and to the owner of a parcel if the owner is not a registered voter of the district. No other election shall be required except as provided by this Paragraph.
(b) The election on the question of the imposition of the fee shall be held at the same time as a regularly scheduled election in East Baton Rouge Parish.
(c) The fee shall expire ten years from its initial levy but may be renewed if approved by a majority of the registered voters of the district voting on the proposition at an election as provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be held only at the same time as a regularly scheduled election in the parish of East Baton Rouge. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed ten years.
(d) The board of commissioners may increase the amount of the parcel fee twice, without an election, not to exceed the maximum amount authorized in Paragraph (1) of this Subsection. No such increase shall become effective prior to three years after approval of the parcel fee by a majority of the registered voters of the district as provided in Subparagraph (a) of this Paragraph. Not less than three years but no more than six years after such approval, the amount may be increased only one time, not to exceed one hundred twenty dollars per parcel per year for parcels zoned residential and three hundred twenty-five dollars per parcel per year for parcels zoned commercial.
(4) The fee shall be collected at the same time and in the same manner as ad valorem taxes are collected by the parish.
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the parish and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.
(6) The sheriff of East Baton Rouge Parish shall remit to the district all amounts collected not more than sixty days after collection. The district may enter into an agreement with the sheriff to authorize the sheriff to retain a collection fee.
G. Budget. (1) The board of commissioners shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, La. Rev. Stat. 39:1301 et seq.
(2) The district shall be subject to audit by the legislative auditor pursuant to La. Rev. Stat. 24:513.
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section that the additional law enforcement personnel and services provided by the district shall be supplemental to and not in lieu of personnel and services provided in the district by the city of Baton Rouge and East Baton Rouge Parish.
(2) If the district ceases to exist, any funds of the district shall be transmitted to the East Baton Rouge Metropolitan Council and shall be used for law enforcement purposes in the district.
I. Indemnification and Exculpation. (1) The district shall indemnify its officers and board members to the fullest extent permitted by La. Rev. Stat. 12:227, as fully as if the district were a nonprofit corporation governed thereby, and as may be provided in the district’s bylaws.
(2) No board member or officer of the district shall be liable to the district or to any individual who resides, owns property, visits, or otherwise conducts business in the district for monetary damages for breach of his duties as a board member or officer, provided that the foregoing provision shall not eliminate or limit any liability of a board member or officer for any of the following:
(a) Acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law.
(b) Any transaction from which he derived an improper personal benefit.
(3) To the fullest extent permitted by La. Rev. Stat. 9:2792 et seq., including La. Rev. Stat. 9:2792.1 through 2792.9, a person serving the district as a board member shall not be individually liable for any act or omission arising out of or related to the performance of his duties.
Acts 2006, No. 487, §1, eff. June 22, 2006; Acts 2014, No. 242, §1; Acts 2016, No. 447, §1, eff. June 9, 2016.