§ 33:9097.28 — Capital Heights Crime Prevention and Improvement District

Louisiana § 33:9097.28

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.28. Capital Heights 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 Capital Heights 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 district shall include all property between Government Street
and Claycut Drive contained by Jefferson Highway to the east and Acadian Thruway to the
west.
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 provide for the 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 Capital Heights Neighborhood Association shall
appoint one member.
(b) 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.
(c) The member of the Louisiana Senate whose district encompasses all or the greater
portion of the area of the district shall appoint one member.
(d) The member of the East Baton Rouge Parish Metro Council whose district
encompasses all or the greater portion of the area of the district shall appoint one member.
(e) The assessor for the 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, 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 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. 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 purposes of this Section, a parcel shall be defined as a lot, a subdivided
portion of ground within Capital Heights, 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 fee shall be as provided in a duly adopted resolution of the
board. The fee imposed on each improved parcel shall be a flat fee per parcel not to exceed
two hundred fifty dollars per year. The fee imposed on each unimproved parcel shall not
exceed fifty percent of the fee imposed on each improved parcel. The fee imposed on each
parcel whose owner qualifies for the special assessment level provided by Article VII,
Section 18(G)(1) of the Constitution of Louisiana shall be twenty-five percent of the amount
of the fee that would otherwise be imposed on such parcel. The initial fee imposed on each
parcel during the first calendar year shall not exceed one hundred dollars.
(b) The board may increase the fee one time during each subsequent calendar year
not to exceed twenty percent of the amount of the fee imposed during the previous calendar
year; however, the amount of the fee shall not exceed the maximum amount 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
ten 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 ten 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, 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 of the district shall be transmitted to the
governing authority of the city of Baton Rouge, parish of East Baton Rouge and shall be used
for law enforcement purposes in the area which comprised the district.
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 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 or she 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 2016, No. 292, §1, eff. May 31, 2016.