§ 33:9097.29 — Parkwood Terrace Crime Prevention and Neighborhood Improvement District

Louisiana § 33:9097.29

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.29. Parkwood Terrace 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 Parkwood Terrace 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 Article VI, Section 44 of the Constitution of Louisiana.
B. Boundaries. The boundaries of the district shall include all property shown on the
final subdivision plats for Parkwood Terrace Subdivision filings First, Second and Third
filed with the East Baton Rouge Parish Clerk of Court including lots one through two
hundred and ninety-three as more particularly described as follows: beginning on the north
by Lavey Lane, on the West by V.J. Mire Track on the Northwest to City Parish Recreation
and Park Commission Greenwood Community Park to Greenwood Community Park on the
South to Cypress Bayou on the North and Morvant Subdivision on the East.
C. Purpose. The purposes of the district shall be to aid in crime prevention by
providing security for district residents and to serve the needs of the residents of the district
by funding beautification and improvements for the overall betterment of the district.
D. Governance. (1) The district shall be governed by a board of commissioners,
referred to in this Section as the "board", consisting of seven members as follows:
(a) The president of the Parkwood Terrace Improvement Association shall be an ex
officio member.
(b) The board of directors of the Parkwood Terrace Improvement Association or its
successor shall appoint one member.
(c) The member of the Louisiana House of Representatives who represents District
63 shall appoint one member.
(d) The member of the Louisiana Senate who represents District 15 shall appoint one
member.
(e) The assessor for East Baton Rouge Parish shall appoint one member.
(f) The mayor-president of East Baton Rouge shall appoint one member.
(g) One member shall be appointed by the member or members of the governing
authority of the parish of East Baton Rouge who represent the district.
(2) All members of the board shall be residents and qualified voters within the
district.
(3) Members of the board appointed pursuant to Subparagraphs (D)(1)(b) through
(g) of this Subsection shall serve four-year terms after initial terms as follows: two members
shall serve an initial term of one year; two members shall serve two years; one member shall
serve three years; and one member shall serve four years, as determined by lot at the first
meeting of the board.
(4) Vacancies resulting from the expiration of a term or any other reason shall be
filled for the remainder of the unexpired term in the manner of the original appointment.
Members are eligible for reappointment.
(5) The members of the board shall select from among themselves a president and
such other officers as they deem appropriate. The responsibilities of the officers shall be as
provided by the bylaws of the board.
(6) The members of the board shall serve without compensation and shall not receive
reimbursement for expenses.
E. Powers and duties. The district, acting through its board of commissioners, 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 G of this Section.
(4) To enter into contracts with individuals or entities, private or public, for the
provision of security patrols in the district.
(5) To purchase items and supplies which the board deems instrumental to achieving
the purpose of the district.
(6) To perform or have performed any other function or activity necessary for the
achievement of the purpose of the district.
F. Parcel fee. The governing authority of East Baton Rouge Parish 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 requested by duly adopted resolution of the
board. The fee, however, shall not be less than one hundred dollars per parcel per year for
lots zoned for residential use.
(2)(a) The fee shall be imposed on each improved parcel located within the district.
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion of
ground, or an individual tract and does not mean a "condominium parcel" as defined in R.S.
9:1121.103. Thus, with respect to condominiums, the fee collector shall impose the parcel
fee on each lot on which condominiums are situated and not on individual condominium
units.
(c) The owner of the parcel shall be responsible for payment of the fee.
(3)(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 at an election held for
that purpose in accordance with the Louisiana Election Code. At least thirty days prior to
any election held to approve imposition of a parcel fee, the board shall mail notification of
the upcoming election to each registered voter of the district and to the owner of each parcel
if the owner is not a registered voter of the district. 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 the parish of East Baton Rouge.
(c) The fee shall expire ten years from its initial levy but may be renewed as provided
in Subparagraph (a) of this Paragraph. If 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.
(4) The fee shall be collected at the same time and in the same manner as ad valorem
taxes are collected within the parish.
(5) Any parcel fee 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 ad valorem
taxes.
(6) The sheriff of the parish of East Baton Rouge 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.
G. Budget. (1) The board of commissioners 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.
H. 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 parish of East Baton Rouge.
(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 and parish of East Baton Rouge and shall be
used for law enforcement purposes in the area included within the district.

Legislative History

Acts 2016, No. 610, §1, eff. June 17, 2016.