§ 33:9097.12 — Jefferson Place/Bocage Crime Prevention and Improvement District

Louisiana § 33:9097.12

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.12. Jefferson Place/Bocage Crime Prevention and Improvement District
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 Jefferson Place/Bocage 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. (1) The boundaries of the district shall be the areas as established
in the official subdivision plat filed with the clerk of court of East Baton Rouge Parish for
the subdivisions of Bocage, Bocage Estates, Filings 1 through 5 of Jefferson Place, and The
Cloisters.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
boundaries of the district shall also include the area comprised of Lots 39, 40, 41, 42A, 43,
and 44 of Bocage Lakes Subdivision, as established on the official subdivision plat filed with
the clerk of court of East Baton Rouge Parish, if the inclusion of the area is approved by a
majority of the registered voters residing in the area who vote on a proposition at an election
held for this purpose in accordance with the Louisiana Election Code. The district may call
an election for this purpose.
C. Purpose. The district is established for the purpose of promoting and encouraging
security in the area included within the district and promoting and encouraging the
beautification and overall betterment of the district.
D. Governance. (1) The district shall be governed by a nine-member board of
commissioners, referred to in this Section as the "board". The board shall be composed as
follows:
(a) The president of the Jefferson Place/Bocage Homeowners' Association, referred
to in this Section as the "association".
(b) The board of directors of the association shall appoint four members.
(c) The mayor-president of East Baton Rouge Parish shall appoint one member from
a list of nominations submitted by the association within thirty days of receipt of the list.
(d) The member of the governing authority of East Baton Rouge Parish whose
council district encompasses all or the greater portion of the area of the district shall appoint
one member from a list of nominations submitted by the association within thirty days of
receipt of the list.
(e) 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.
(f) 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 be residents and qualified voters within the
district.
(3)(a) Board members serving pursuant to Subparagraphs (1)(c) through (f) of this
Subsection shall serve four-year terms after serving initial terms of four years.
(b) Board members serving pursuant to Subparagraph (1)(b) of this Subsection shall
serve four-year terms after serving initial terms as provided in this Subparagraph. Two
members shall serve an initial term of two years and two members shall serve an initial term
of three years as determined by a majority vote of the members appointed pursuant to
Subparagraph (1)(b) of this Subsection or by lot at the first meeting of the board following
the appointments.
(c) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall
serve during his term of office as president of the association.
(d) Any vacancy which occurs prior to the expiration of the term for which a member
of the board has been appointed shall be filled for the remainder of the unexpired term in the
same manner as the original appointment. Board members shall be eligible for
reappointment.
(4) The board shall elect from its members a chairman, a vice chairman, a secretary,
a treasurer, and such other officers as it may deem necessary. The duties of the officers shall
be fixed by the bylaws adopted by the board.
(5) The minute books and archives of the district 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.
(6) The board shall adopt such bylaws as it deems necessary or advisable for
conducting its business affairs. The bylaws of the board may provide relative to the
publication of meeting notices and conduct of meetings. The board shall hold regular
meetings open to the public 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. Notwithstanding any other provision of law to the contrary, the district, through
the board, shall give notice of meetings by posting the meeting agenda at all entrances and
exits to Bocage subdivision at least twenty-four hours prior to the meeting and may publish
the meeting proceedings on the district website or in a newsletter regularly distributed to
district property owners.
(7) A majority of the members of the board shall constitute a quorum for the
transaction of business. The board shall keep minutes of all meetings and shall make them
available through the secretary of the board.
(8) Each member of the board shall have one vote, and the vote of a majority of the
members of the board present and voting, a quorum being present, shall be required to decide
any question upon which the board takes action.
(9) The members of the board shall serve without compensation but shall be
reimbursed for their reasonable out-of-pocket expenses directly related to the governance of
the district, not to exceed one hundred dollars per year.
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 Subsection F 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.
(6) To enter into contracts and agreements with one or more other districts for the
joint security of all participating districts.
(7) To provide for such services and make such expenditures as the board deems
proper for the security or beautification of the district, including maintenance and
improvement to common areas.
(8) To acquire or lease items and supplies which the board deems instrumental to
achieving 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 his service as a member of
the board or that may arise as a result of his actions taken within the scope and discharge of
his 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.
F. Parcel fee. The district, through the board, is hereby authorized to 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
board. The fee shall be a flat fee per improved parcel of land not to exceed five hundred and
forty dollars per year for each improved parcel, starting with five hundred dollars for the first
calendar year.
(2) The fee shall be imposed on each improved parcel located within the district
except as provided in Paragraph (4) of this Subsection.
(a) For purposes of this Section, "parcel" means a lot, a subdivided portion of
ground, an individual tract, or a "condominium parcel" as defined in R.S. 9:1121.103.
(b) The owner of each parcel shall be responsible for payment of the fee.
(3)(a)(i) The fee of five hundred dollars for the first calendar year, subject to change
thereafter by duly adopted resolution of the board, not to exceed the maximum amount
authorized as provided in this Subsection, shall be imposed only after 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.
(ii) No other election shall be required except as provided by this Paragraph.
(b) The initial 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) If approved, the fee and the board's authority to increase it shall expire in ten
years, but the fee and board authority 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 for that purpose in accordance with the Louisiana Election Code. If the fee and board
authority 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.
(4) No fee shall be imposed upon any parcel whose owner qualifies for and receives,
prior to January 1, 2020, the special assessment level provided by Article VII, Section
18(G)(1) of the Constitution of Louisiana.
(5) The fee shall be collected at the same time and in the same manner as ad valorem
taxes on property subject to taxation by East Baton Rouge Parish are collected.
(6) 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.
(7)(a) The proceeds of the fee shall be used solely and exclusively for the purpose
and benefit of the district; however, the East Baton Rouge Parish Sheriff may retain one
percent of the amount collected as a collection fee.
(b) The East Baton Rouge Parish Sheriff shall remit to the district all amounts
collected not more than sixty days after collection.
G. Additional contributions. The district is authorized to solicit and accept
additional voluntary contributions and grants to further the purposes of the district.
H. Budget. (1) The board shall adopt an annual budget in accordance with the Local
Government Budget Act, R.S. 39:1301 et seq.
(2) The district shall be subject to audit by the legislative auditor pursuant to R.S.
24:513.
I. Miscellaneous. It is the purpose and intent of this Section that any additional
security patrols, public or private, or any other security or other services or betterments
provided by the district shall be supplemental to and not be in lieu of personnel and services
to be provided in the district by the state of Louisiana, East Baton Rouge Parish, or their
departments or agencies or by other political subdivisions.
J. Dissolution. (1) The district may be dissolved without the vote of the registered
voters of the district if a majority of the area covered by the district becomes included in
another district that serves similar purposes but includes additional parcels of property
adjacent to the district, if approved by the affirmative vote of not less than five members of
the board. If the district is dissolved in accordance with this Paragraph, the funds of the
district that relate to the portion of the district that is included in the new district, together
with any other funds collected by the parish of East Baton Rouge pursuant to this Section that
relate to such portion of the district, shall be transferred to the new district to be used for
purposes of the new district. The remaining portion of funds, if any, shall be transmitted by
the board in equal parts to the state of Louisiana and to the parish of East Baton Rouge and
such funds shall be used only for law enforcement purposes of the area that was formerly
within the district but is not included in the new district.
(2) If the district is dissolved pursuant to Paragraph (1) of this Subsection, the
authority for the imposition of the parcel fee provided in Subsection F of this Section shall
cease.
K. Indemnification and exculpation. (1) The district shall indemnify its officers and
board members to the fullest extent permitted by R.S. 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 the 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 R.S. 9:2792 et seq., including R.S. 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.

Legislative History

Acts 2011, No. 384, §1, eff. June 30, 2011; Acts 2019, No. 73, §1.