§ 33:9097.24 — Villa del Rey Crime Prevention and Neighborhood Improvement District

Louisiana § 33:9097.24

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.24. Villa del Rey 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 Villa del Rey Crime Prevention and Neighborhood 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 district shall include all property shown on the final subdivision
plats for Villa del Rey Subdivision filings First, Second, Third, Fourth, Fifth, Sixth, Seventh
and Eighth including lots 1 through 811, Villa del Rey Park Subdivision including lots 1
through 6, lots 8 through 47 and lots 58 through 95 and Castlewood Subdivision including
lots 3 through 14, lot 15A, lots 18 through 25 and lots 29 through 32 and Milnor Subdivision
recorded with the East Baton Rouge Parish Clerk of Court, as more particularly described
as follows: Begin at the northwest corner of lot 728 of Villa del Rey, proceed east along the
northern boundaries of the lots fronting W. Daryl Parkway crossing Monterrey Boulevard,
Palermo Drive and San Clemente to the northeast corner of lot 710 of Villa del Rey, then
south along the eastern boundary of lot 710 of Villa del Rey, then south along the eastern
boundaries of the lots fronting San Clemente Drive, then south across Jones Creek, then
south along the eastern boundary of lot 347 of Villa del Rey to Sharp Lane, then south along
the centerline of Sharp Lane diagonally to its intersection with the southeast corner of lot 1
of Milnor Subdivision, then west along the southern boundaries of the lots fronting Karen,
across Milnor Drive, west along the southern boundary of lot 5 of Milnor north along the
west boundaries of lots 5, 6, and 7 of Milnor Subdivision to the southeast corner of lot 93 of
Villa del Rey Park, then west along the southern boundaries of the lots fronting Patio Court
to the southwest corner of lot 80 of Villa del Rey Park, then north-northwest along the
western boundaries of lots 80, 79, and 78 of Villa del Rey Park, then west across Jones
Creek, then west along the southern boundaries of the lots fronting W. Pomona Drive to the
southwest corner of lot 184 of Villa del Rey, then south along the eastern boundaries of the
lots fronting Monterrey Boulevard to the southeast corner of lot 42 of Villa del Rey, then east
along the northern boundaries of lots fronting Berkeley Street to the northeast corner of lot
18 of Castlewood, then south along the eastern boundaries of the lots fronting Castlewood
Drive to the southeast corner of lot 25 of Castlewood Subdivision, then west along the
southern boundary of lot 25 to the southwest corner of lot 25, then across Castlewood Drive
to the southeast corner of lot 3 of Castlewood Subdivision, then west along the southern
boundaries of lots 3 and 32 of Castlewood Subdivision, then south along the east side of
Monterrey Boulevard to the north side of Florida Boulevard North Service Road, then west
to its intersection of the west side of Monterrey Boulevard, then north to the southeast corner
of lot 1 of Villa del Rey, then west along the southern boundaries of the lots fronting San Lo
Drive to the southwest corner of lot 6 of Villa del Rey, then north along the western
boundaries of lot 6 and the lots fronting S. Alameda Drive, across W. Pomona Drive and
Cuyhanga Parkway, then north along the western boundary of lot 88 of Villa del Rey, then
north across Jones Creek, then north along the western boundaries of the lots fronting N.
Alameda Drive, then north across W. Tams Drive, then north along the western boundaries
of the lots fronting N. Alameda Drive, then north across W. Darryl Parkway, then north along
the western boundary of lot 728 of Villa del Rey Subdivision to the point of beginning.
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 seven-member board of
commissioners, referred to in this Section as the "board". The board shall be composed as
follows:
(a) The president of the Villa del Rey Citizens Association, Inc.
(b) The board of directors of the Villa del Rey Citizens Association, Inc. shall
appoint two members.
(c) 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.
(d) The member of the Louisiana Senate whose district encompasses all or the
greater portion of the area of the district shall appoint one member.
(e) The council member of the governing authority for East Baton Rouge Parish who
represents all or the greater portion of the area of the district shall appoint one member.
(f) The mayor-president of the city of Baton Rouge and parish of East Baton Rouge
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 the initial terms as provided in this
Subparagraph. Two members shall serve an initial term of one year; two shall serve two
years; two shall serve three years, and 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 their 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 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.
(8) The board shall adopt such rules and regulations as it deems necessary or
advisable for conducting its business affairs. Rules and regulations of the board relative to
the notice and conduct of meetings shall conform to applicable provisions of the Open
Meetings Law. 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. All members of the board shall be voting
members.
(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 improved and unimproved parcel located
within the district.
(b) For the purposes of this Section, a parcel shall be defined as a lot, a subdivided
portion of ground, or an individual tract within Filings First through Eighth of Villa del Rey,
Villa del Rey Park, Castlewood, and Milnor Subdivisions, and which is listed on the tax rolls
for assessment of property taxes. The owner of the parcel shall be responsible for payment
of the fee.
(2)(a) The amount of the parcel fee shall be as provided by duly adopted resolution
of the governing authority of the district. The annual parcel fee shall not exceed two
hundred fifty dollars per parcel per year. Owners who have been granted the special
assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana
shall be charged fifty percent of the parcel fee charged to other owners.
(b) The annual parcel 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.
(3) A parcel fee shall expire ten years after its levy but may be renewed for additional
terms not to exceed ten years if approved by the voters in the manner provided in
Subparagraph (2)(b) of this Subsection.
(4) The parcel 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; however, the district may enter into an agreement
with the tax collector to authorize the tax collector to retain an annual collection fee, not to
exceed one percent of the amount collected.
(5) 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 is authorized to 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, 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 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, any funds, equipment, and property of the district
shall be transmitted to the governing authority of the parish of East Baton Rouge and shall
be used only within the area comprising the district for the purposes set forth in this Section.
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
this 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 2014, No. 831, §1, eff. June 23, 2014.