Louisiana Revised Statutes 33:9097.30 – Fairwood Crime Prevention and Improvement District
Terms Used In Louisiana Revised Statutes 33:9097.30
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Quorum: The number of legislators that must be present to do business.
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 Fairwood Crime Prevention and Improvement District, referred to in this Section 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 Country Ridge, Fairwood Estates, and Sherwood Manor subdivisions in East Baton Rouge Parish as established by the official subdivision plats thereof filed with the clerk of court of East Baton Rouge Parish.
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, and to promote and encourage the beautification and overall betterment of the district.
D. Governance. (1) The district shall be governed by a five-member board of commissioners, referred to in this Section as the “board”. The board shall be composed as follows:
(a) The board of directors of the Country Ridge Homeowners Association shall appoint one member.
(b) The board of directors of the Fairwood Estates Homeowners Association shall appoint one member.
(c) The board of directors of the Sherwood Manor Homeowners Association shall appoint one member.
(d) The member of the Louisiana House of Representatives whose district encompasses all or the greater portion of the area of the district shall appoint one member.
(e) The member of the Louisiana Senate whose district encompasses all or the greater portion of the area of the district shall appoint one member.
(2) All members of the board shall own property and reside within the district and shall be qualified voters of the district.
(3)(a) Members shall serve four-year terms after initial terms as provided in this Subparagraph. Two members shall serve an initial term of one year; two shall serve two years; one shall serve four years, as determined by lot at the first meeting of the board.
(b) Members shall be eligible for reappointment.
(4) Any vacancy in the membership of the board shall be filled in the manner of the original appointment. If the appointing authority responsible for the appointment of a member fails to fill a vacancy within thirty days, the remaining members of the board may appoint an interim successor to serve until the position is filled by the appointing authority.
(5) The board shall elect from its members a chairman, a vice chairman, a secretary, a treasurer, and such other officers as it deems necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.
(6) The members of the board shall serve without compensation but shall be reimbursed for reasonable out-of-pocket expenses directly related to the governance of the district, not to exceed one hundred dollars per year.
(7) The board shall keep minutes of all meetings and shall make them available through the secretary of the board. The minute books and archives shall be maintained by the secretary of the board. The monies, funds, and accounts of the district shall be in the official custody of the board.
(8) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs. The board shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within East Baton Rouge Parish as may be prescribed in the bylaws.
(9) A majority of the membership of the board shall constitute a quorum for the transaction of business, and all official action of the board shall require the favorable vote of a majority of those members present and voting.
(10) The domicile of the board shall be in East Baton Rouge Parish.
E. Powers and duties. The district, acting through its board, 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 Subsections F and G of this Section and in accordance with a budget adopted as provided by Subsection H of this Section.
(4) To enter into contracts with individuals or entities, private or public.
(5) To provide or enhance security patrols in the district, to provide for improved lighting, signage, or matters relating to the security of the district, to provide for the beautification of and improvement to the district, and to provide generally for the overall betterment of the district.
(6) To enter into contracts and agreements with one or more other districts for the joint security, improvement, or betterment of all participating districts.
(7) To provide for such services and make such expenditures as the board deems proper to carry out the purposes of the district.
(8) To acquire or lease items and supplies which the board deems proper to carry out the purposes of the district.
(9) To procure and maintain liability insurance against any personal or legal liability of a board member that may be asserted or incurred based upon service as a member of the board or that may arise as a result of actions taken within the scope and discharge of duties as a member of the board.
(10) To perform or have performed any other function or activity necessary or appropriate to carry out the purposes of the district or for the overall betterment of the district.
F. Parcel fee. The governing authority of the district may impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection:
(1)(a) The fee shall be imposed on each parcel located within the district.
(b) For purposes of this Section, “parcel” means a lot, a subdivided portion of ground, or an individual tract; however, the term “parcel” shall not mean multi-family residential dwellings located within the boundaries of the district.
(2)(a) The amount of the parcel fee shall be as provided in a duly adopted resolution of the board. The fee shall be a flat fee per parcel of land not to exceed one hundred dollars per year for residential parcels and five hundred dollars per year for commercial parcels. The initial fee imposed on each residential parcel during the first calendar year shall not exceed forty dollars. The initial fee imposed on each commercial parcel during the first calendar year shall not exceed two hundred dollars.
(b) The board may increase the fees one time during each subsequent calendar year not to exceed ten percent of the amounts of the fees imposed during the previous calendar year; however, the amounts of the fees shall not exceed the maximum amounts authorized in Subparagraph (a) of this Paragraph.
(c) No fee may be imposed or increased pursuant to the provisions of this Subsection unless the question of its imposition and the board’s authority to increase the fee has been approved by a majority of the registered voters of the district who vote on the proposition at an election held for that purpose in accordance with the Louisiana Election Code.
(d) If approved, the fee and the board’s authority to increase the fee shall expire in fifteen years, but the fee and the board’s authority to increase the fee 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 (c) of this Paragraph. If the fee and the board’s authority to increase 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 fifteen years.
(3) The fee shall be collected at the same time and in the same manner as ad valorem taxes are collected for East Baton Rouge Parish. The tax collector shall collect and remit to the district all amounts collected not more than sixty days after collection; however, the district may enter into an agreement with the tax collector to authorize the retention of an annual collection fee, not to exceed one percent of the amount collected.
(4) Any parcel fee which is unpaid shall be added to the tax rolls of East Baton Rouge Parish and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.
G. Additional contributions. The district may solicit, accept, and expend additional voluntary contributions and grants to carry out the purposes of the district.
H. Budget. (1) The board 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.
I. Miscellaneous provisions. (1) It is the purpose and intent of this Section that any additional law enforcement personnel and services provided for through the fees authorized in this Section shall be supplemental to, and not in lieu of, personnel and services to be provided in the district by publicly funded law enforcement agencies.
(2) If the district ceases to exist:
(a) All funds, equipment, and property shall be transmitted to the parish of East Baton Rouge and shall be used for law enforcement purposes in the area included within the district.
(b) The authority for the imposition of the parcel fee provided in this Section shall cease.
J. 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 was 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 the liability of a board member or officer for:
(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 or she 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 or officer shall not be individually liable for any act or omission arising out of the performance of his duties.
Acts 2019, No. 329, §1, eff. June 11, 2019.