§ 33:9097.23 — University Acres Crime Prevention and Neighborhood Improvement District

Louisiana § 33:9097.23

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.23. University Acres Crime Prevention and Neighborhood 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 University Acres Crime Prevention and Neighborhood Improvement
District, hereafter in this Section 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 University Acres Subdivision in East Baton Rouge Parish as established
in the official subdivision plats filed with the clerk of court of East Baton Rouge Parish. The
district shall include all residential parcels located in the designated range of addresses:
5804-6271 Boone Drive, 5710-6235 Chandler Drive, 575-895 Dubois Drive, 205-265 and
5824-5894 Guava Drive, 5756-6353 Highland Road, 152-795 Leeward Drive, 5731-6262
Menlo Drive, 120-872 Nelson Drive, 123-694 Sunset Boulevard, and 909-919 Sweets Lane.
C. Purpose. The purpose of the district shall be to aid in crime prevention by
providing security for the district residents and to serve the needs of the residents of the
district by promoting beautification and improvement for the overall betterment of the
district.
D. Board. (1) The district shall be governed by a seven-member board of
commissioners, referred to in this Section as the "board". The board shall be composed of
the following persons:
(a) The president of the University Acres Civic Association, or its successor, referred
to in this Section as the "association".
(b) Three members appointed by the board of directors of the association.
(c) One member appointed by the member or members of the Louisiana House of
Representatives who represent the area which comprises the district, who shall be chosen
from a list of nominations submitted by the association; such appointment shall be made
within thirty days of receipt of the list of nominations.
(d) One member appointed by the member or members of the Louisiana Senate who
represent the area which comprises the district, who shall be chosen from a list of
nominations submitted by the association; such appointment shall be made within thirty days
of receipt of the list of nominations.
(e) One member appointed by the member or members of the East Baton Rouge
Parish Metro Council who represent the area which comprises the district, who shall be
chosen from a list of nominations submitted by the association; such appointment shall be
made within thirty days of receipt of the list of nominations.
(f) If the appointing authority responsible for the appointment of a member fails to
fill a vacancy within thirty days, the board of directors of the association shall appoint an
interim successor to serve until the position is filled by the appointing authority.
(2) All members of the board shall be registered voters within the district.
(3) All members of the board shall serve without compensation but shall receive
reimbursement for their reasonable expenses directly related to the governance of the district,
not to exceed two hundred dollars per year.
(4) The domicile of the board shall be within the district.
(5) The board is authorized to adopt bylaws for its governance and conduct.
(6) The members of the board shall select from among themselves a president and
such officers as they deem appropriate, whose responsibilities shall be as provided by the
bylaws of the board.
(7) The board shall hold regular meetings as provided for in its bylaws and may hold
special meetings at such times and places within the district as provided in the bylaws.
(8) The board shall keep minutes of all meetings.
(9) A majority of the members of the board shall constitute a quorum for the
transaction of business. A quorum must be present at the beginning of a meeting for the
board to take any action. Each member shall have one vote and any action of the board shall
require the affirmative vote of a majority of the members present and voting.
E. Terms. (1)(a) Members appointed pursuant to Subparagraph (D)(1)(b) of this
Section shall serve four-year terms.
(b) Members appointed pursuant to Subparagraphs (D)(1)(c), (d), and (e) of this
Section shall serve three-year terms but shall continue to serve until their successor is
appointed.
(2) Any board member may be removed for cause by a majority vote of the board.
(3) Any vacancies in the membership of the board, occurring either by reason of the
expiration of the term for which the member was appointed or by reason of death,
resignation, or otherwise, shall be filled in the manner of the original appointment. A
member who is appointed to fill the unexpired term of a board member shall serve the
remaining term of the replaced board member. A board member shall be eligible for
reappointment unless he was removed pursuant to Paragraph (2) of this Subsection.
F. Powers. The district, acting through its board, shall have the following powers:
(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 G of this Section
and in accordance with a budget adopted as provided by Subsection H of this Section.
(4) To enforce municipal use and development rules and regulations affecting or
relating to the beautification and security of the district.
(5) To enter into contracts with individuals or entities, private or public.
(6) To provide for or enhance security patrols in the district, to provide for improved
lighting, signage, or other matters relating to the security of the district, including the
landscaping and maintenance of areas within the district.
(7) To purchase, lease, rent, or otherwise acquire items, supplies, and services
necessary or deemed appropriate for achieving any purpose of the district.
(8) To accept private grants and donations.
(9) To procure and maintain liability insurance against any legal liability of the
district and against any personal or legal liability of a board member that may be asserted or
incurred based upon his or her service as a member of the board or that may arise as a result
of his or her actions taken within the scope and discharge of his or her duties as a member
of the board.
(10) To perform or have performed any function or activity the board deems
necessary to carry out the purposes of the district.
G. Parcel fee. The district, through the board, 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 provided by a duly adopted resolution of the
board. The initial parcel fee amount, for the first calendar year, shall be three hundred sixty-five dollars per improved parcel per year. The fee shall not exceed five hundred dollars per
improved parcel per year.
(2)(a) The fee shall be imposed on each improved parcel located within the district.
The term "parcel" as used in this Subsection means a lot, a subdivided portion of ground, an
individual tract, or a "condominium parcel" as defined in R.S. 9:1121.103. The term
"improved" as used in this Subsection means that a single-family or multifamily dwelling or
condominium has been constructed on the parcel.
(b) The fee shall be imposed on each unit within a multifamily dwelling. If multiple
adjacent parcels are combined for the purpose of housing a single-family dwelling, the
combined parcel shall constitute only a single improved parcel for the purposes of the
imposition of the fee.
(3) The owner of the improved parcel shall be responsible for payment of the fee.
(4)(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 on the proposition at an
election held for that purpose in accordance with the Louisiana Election Code. If the fee is
approved, the board may increase or decrease the amount of the fee on an annual basis
without any additional vote, but the fee shall not exceed the maximum parcel fee as provided
in this Subsection.
(b) The authority of the board to impose a fee shall expire fifteen years from its
initial levy, but the authority to impose a fee may be renewed in the same manner as its
imposition.
(5) No fee shall be imposed upon any parcel if the owner receives the special
assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana.
(6) The sheriff of East Baton Rouge Parish shall collect the fee at the same time and
in the same manner as ad valorem taxes are collected.
(7) The sheriff of East Baton Rouge Parish shall remit to the district all amounts
collected, not more than sixty days after collection. However, the board may enter into an
agreement with the sheriff to authorize the sheriff to retain a collection fee.
(8) Any improved 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.
H. Budget. (1) The board shall adopt an annual budget in accordance with the
Louisiana 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 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, both of the following shall apply:
(a) All funds of the district shall be transmitted by the board to the governing
authority of East Baton Rouge Parish within thirty days of dissolution. Such transmitted
funds together with any other funds collected by the parish of East Baton Rouge pursuant to
this Section, shall be maintained in a separate account by the city and shall be used only to
promote, encourage, and enhance the security, beautification, and overall betterment of the
area formerly comprising the district.
(b) The authority for the imposition of the improved 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 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 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 R.S. 9:2792 et seq., a person serving the district
as a board member or officer shall not be individually liable for any act or omission arising
out of or related to the performance of his duties.

Legislative History

Acts 2014, No. 829, §1, eff. June 23, 2014.