§ 33:9097.3 — Wedgewood Crime Prevention and Improvement District

Louisiana § 33:9097.3

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.3. Wedgewood 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 Wedgewood 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. The boundaries of the district shall be coterminous with the
boundaries of the Wedgewood Subdivision in East Baton Rouge Parish as established in the
official subdivision plat filed with the clerk of court of East Baton Rouge Parish. Along with
the properties within the aforementioned boundaries, also included are all commercial
properties fronting the western boundary of O'Neal Lane north of the southern boundary of
Lot 157-A-1-A Wedgewood Subdivision and south of I-12, including Tract B-1 of the
Wilbur Whitehead property and all commercial lots fronting Hatteras Avenue; the following
lots of the G. B. Mundinger Tract: Lots C-2-D, B-2-B-1, B-1, A-1-C-1, A-4-A-1-A-1, B-2-A, E-1-B, E-2, E-3, E-4, G-1-1, G-1-2-A-1-A, and a 1.82 acre tract also known as a portion
of Lot F; and the Forest Park Office Plaza Condominium fronting the north boundary of S.
Harrell's Ferry Road.
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 board of commissioners
consisting of seven members as follows:
(a) The president of the Wedgewood Civic Association, Inc.
(b) The board of directors of the Wedgewood Civic Association, Inc. or its successor
shall appoint one member.
(c) The member or members of the Louisiana House of Representatives who
represent the area which comprises the district shall appoint one member.
(d) The member or members of the Louisiana Senate who represent the area which
comprises the district shall appoint one member.
(e) The assessor for the parish of East Baton Rouge shall appoint one member.
(f) The mayor-president shall appoint one member.
(g) The metro council member or council members who represent the district shall
appoint one member.
(2) All members of the board shall own property within the district.
(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(c) through
(g) of this Subsection shall be concurrent with the respective appointing authority.
(b) The member serving pursuant to Subparagraph (1)(b) of this Subsection shall
serve a term of four years after an initial term of one year.
(c) The member serving pursuant to Subparagraph (1)(a) shall serve during his term
of office.
(4) Vacancies resulting from the expiration of a term or any other reason shall be
filled in the manner of the original appointment. Members shall be 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 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 district 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
governing authority of the district. The fee, however, shall not exceed one hundred fifty
dollars per parcel per year for parcels zoned residential and four hundred dollars per parcel
per year for parcels zoned commercial. The initial fee shall be ninety-five dollars per parcel
per year for parcels zoned residential and two hundred fifty dollars per parcel per year for
parcels zoned commercial.
(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 of commissioners shall
mail notification of the upcoming election to each registered voter of the district and to the
owner of a 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 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) The fee shall expire ten years from its initial levy but 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 only at the same time as a regularly scheduled election in the parish of
East Baton Rouge. 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.
(d) The board of commissioners may increase the amount of the parcel fee twice,
without an election, not to exceed the maximum amount authorized in Paragraph (1) of this
Subsection. No such increase shall become effective prior to three years after approval of
the parcel fee by a majority of the registered voters of the district as provided in
Subparagraph (a) of this Paragraph. Not less than three years but no more than six years after
such approval, the amount may be increased only one time, not to exceed one hundred twenty
dollars per parcel per year for parcels zoned residential and three hundred twenty-five dollars
per parcel per year for parcels zoned commercial.
(4) The fee shall be collected at the same time and in the same manner as ad valorem
taxes are collected by the parish.
(5) Any 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.
(6) The sheriff of East Baton Rouge Parish shall remit to the district all amounts
collected not more than sixty days after collection. The district 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 East Baton Rouge Parish.
(2) If the district ceases to exist, any funds of the district shall be transmitted to the
East Baton Rouge Metropolitan Council and shall be used for law enforcement purposes in
the district.
I. 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., including R.S. 9:2792.1
through 2792.9, a person serving the district as a board member shall not be individually
liable for any act or omission arising out of or related to the performance of his duties.

Legislative History

Acts 2006, No. 487, §1, eff. June 22, 2006; Acts 2014, No. 242, §1; Acts 2016, No. 447, §1, eff. June 9, 2016.