§ 33:9097.30 — Fairwood Crime Prevention and Improvement District

Louisiana § 33:9097.30

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.30. Fairwood 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 Fairwood 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 boundaries of the district shall be coterminous with the
boundaries of the Country Ridge, Fairwood Estates, and Sherwood Manor subdivisions in
East Baton Rouge Parish as established by the official subdivision plats thereof filed with the
clerk of court of East Baton Rouge Parish.
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 promote and encourage the beautification and 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 Country Ridge Homeowners Association shall
appoint one member.
(b) The board of directors of the Fairwood Estates Homeowners Association shall
appoint one member.
(c) The board of directors of the Sherwood Manor Homeowners Association shall
appoint one member.
(d) 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.
(e) The member of the Louisiana Senate whose district encompasses all or the greater
portion of the area of the district 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 initial terms as provided in this
Subparagraph. Two members shall serve an initial term of one year; two shall serve two
years; 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 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.
(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 parcel located within the district.
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion of
ground, or an individual tract; however, the term "parcel" shall not mean multi-family
residential dwellings located within the boundaries of the district.
(2)(a) The amount of the parcel fee shall be as provided in a duly adopted resolution
of the board. The fee shall be a flat fee per parcel of land not to exceed one hundred dollars
per year for residential parcels and five hundred dollars per year for commercial parcels. The
initial fee imposed on each residential parcel during the first calendar year shall not exceed
forty dollars. The initial fee imposed on each commercial parcel during the first calendar
year shall not exceed two hundred dollars.
(b) The board may increase the fees one time during each subsequent calendar year
not to exceed ten percent of the amounts of the fees imposed during the previous calendar
year; however, the amounts of the fees shall not exceed the maximum amounts 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
fifteen 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 fifteen 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:
(a) All funds, equipment, and property shall be transmitted to the parish of East
Baton Rouge and shall be used for law enforcement purposes in the area included within the
district.
(b) The authority for the imposition of the 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 was
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 the liability of a board member or officer
for:
(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 2019, No. 329, §1, eff. June 11, 2019.