§ 33:9097.33 — Old Goodwood Crime Prevention and Neighborhood Improvement District

Louisiana § 33:9097.33

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.33. Old Goodwood 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 Old Goodwood 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. Beginning at a point of intersection of the centerline of Florida
Boulevard and a line extending south to the western rear property line of South Fairfax Drive
(Fairfax Heights Subdivision) to the western side property line of 5554 George Street (Legal
Description Fairfax Heights Subdivision Lot 6) turning east along the southern rear property
lines of George Street to a point of intersection of the centerline of Cloud Drive south to the
centerline of Government Street turning east to the centerline of Jefferson Highway turning
southeast to the centerline of Old Hammond Highway (State Highway Route 426) turning
east to a point of intersection of a line extended from the eastern rear property line of the Fair
Day Estates II Subdivision turning north along the eastern rear property line of Fair Day
Estates II Subdivision and rear property line of Carter Avenue and a line extended to the
point of intersection with the centerline of LaSalle Avenue turning west to a line extended
to the eastern rear property line of Charmaine Avenue turning north to a point of intersection
with the centerline of the Normandy Lateral drainage canal turning northwest to a line
extended from the western rear property line of Thurman Drive turning north to a point of
intersection with the centerline of Goodwood Boulevard turning west to the point of
intersection with the centerline of Lobdell Boulevard turning north to the point of
intersection with centerline of Florida Boulevard turning west to the original point of the
beginning.
C. Purpose. The purpose of the district shall be to aid in crime prevention and to add
to the security of district residents by providing for an increase in the presence of law
enforcement personnel in the district 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 seven-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 Goodwood Property Owners Association, referred
to in this Section as the "association", shall appoint four members.
(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 governing authority of the city of Baton Rouge, parish of East
Baton Rouge Parish 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 appointed pursuant to Subparagraph (1)(a) of this Subsection shall
serve three-year terms.
(b) The terms of members appointed pursuant to Subparagraphs (1)(b) through (d)
of this Subsection shall be concurrent with the respective appointing authority.
(4) Any vacancy in the membership of the board, occurring either by reason of the
expiration of the term for which appointed or by reason of death, resignation, or otherwise,
shall be filled in the manner of the original appointment. If the appointing authority fails to
make an appointment not later than the thirtieth calendar day after receipt of written
notification by the board of a vacancy, the board of directors of the association shall appoint
an interim successor to serve until the position is filled by the appointing authority.
(5) Board members shall be eligible for reappointment.
(6) Any board member may be removed for cause by a majority vote of the board.
(7) All members of the board shall serve without compensation but may receive
reimbursement for approved and receipted expenses directly related to the governance of the
district.
(8) The board shall elect from its members a chairman, a vice chairman, a secretary,
a treasurer, and such other officers as it may deem necessary. The duties of the officers shall
be fixed by the bylaws adopted by the board.
(9) 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 treasurer.
(10) The board shall adopt such rules and regulations as it deems necessary or
advisable for conducting its business and affairs. Rules and regulations of the board relative
to the notice and conduct of meetings shall conform to applicable law, including the Open
Meetings Law. The board shall hold regular meetings as shall be provided in the bylaws and
may hold special meetings at such time and places within or without the district as may be
prescribed in the bylaws. The board shall keep minutes of all meetings and shall make them
available through the secretary of the board.
(11) The board may hire such assistants and employees as are needed to assist the
board in the performance of its duties.
(12) A majority of the members of the board shall constitute a quorum for the
transaction of business. Each member of the board shall have one vote. The vote of a
majority of the board members present and voting, with a quorum being present, shall be
required to decide any question upon which the board takes action.
E. Powers and duties. The district, through the 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, for the
provision of security patrols, improvements, or other programs in the district.
(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
improvement of the district; and to provide generally for the overall betterment of the district.
(6) To purchase, lease, rent, or otherwise acquire items, supplies, and services
necessary or deemed appropriate for achieving any purpose of the district.
(7) To acquire, lease, insure, and sell immovable property within the boundaries of
the district in accordance with district plans.
(8) To enter into contracts and agreements with one or more other districts for the
joint security, improvement, or betterment of all participating districts.
(9) To procure and maintain liability insurance against any legal liability of the
district and against any personal or legal liability of a board member that may be asserted or
incurred based upon his service as a member of the board or that may arise as a result of his
actions taken within the scope and discharge of his 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 district, through the board, may impose and collect a parcel fee
within the district subject to and in accordance with the provisions of this Subsection:
(1)(a) The amount of the fee shall be as provided by a duly adopted resolution of the
board. The fee shall be a flat fee per parcel not to exceed one hundred fifty dollars per year
for unimproved parcels zoned residential, one hundred fifty dollars per year for improved
single-family parcels zoned residential, five hundred dollars per year for improved
multi-family parcels zoned residential, and five hundred dollars per year for unimproved and
improved parcels zoned commercial.
(b) The initial fee shall be one hundred twenty-five dollars per year for parcels zoned
residential and four hundred dollars per year for parcels zoned commercial.
(2)(a) The fee shall be imposed on each improved and unimproved parcel located
within the district. The term "parcel" as used in this Subsection means a lot, a subdivided
portion of ground, an individual tract, or a "condominium parcel" as defined in R.S.
9:1121.103. The term "improved" as used in this Subsection means that a residence,
commercial building, or other structure is constructed on the parcel.
(b) If multiple adjacent residential parcels are combined for the purpose of housing
a single-family dwelling, the combined parcel shall constitute only a single improved parcel
for the purposes of the imposition of the fee.
(3) The owner of the parcel shall be responsible for payment of the fee.
(4)(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 on the proposition at an
election held for that purpose in accordance with the Louisiana Election Code.
(b) The fee shall expire at the time provided in the proposition authorizing the fee,
not to exceed ten years. 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 (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.
(5) Not less than three years after approval of the parcel fee by a majority of the
registered voters of the district as provided in this Subsection, the district, through the board,
may increase the amount of the parcel fee one time without election. The amount of the
increased fee shall not exceed the maximum amount provided in Subparagraph (1)(a) of this
Subsection.
(6) No fee shall be imposed upon any parcel if the owner receives the special
assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana.
(7) The fee shall be collected at the same time and in the same manner as ad valorem
taxes are collected by the sheriff, as ex officio tax collector, of the parish of East Baton
Rouge. The sheriff shall collect and remit to the district all amounts collected no later than
the sixtieth calendar day after collection. The district may enter into an agreement with the
sheriff to authorize the sheriff to retain a collection fee not to exceed one percent of the
amount collected.
(8) 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 and accept
additional voluntary contributions and grants to further the purposes of the district.
H. 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.
I. Miscellaneous. It is the purpose and intent of this Section that any additional
security patrols, public or private, or any other security or other services or betterments
provided by the district shall be supplemental to and not be in lieu of personnel and services
to be provided in the district by the state of Louisiana, East Baton Rouge Parish, or their
departments or agencies, or by other political subdivisions.
J. Dissolution. (1) The district may be dissolved after the question of its dissolution
has been approved by a majority of the registered voters of the district voting on the
proposition at a regularly scheduled election conducted in accordance with the provisions of
the Louisiana Election Code. The question of dissolution may be placed on the ballot only
after it has been approved by the affirmative vote of not less than five members of the board.
(2) If the district ceases to exist:
(a) All funds of the district shall be transmitted by the board to the city of Baton
Rouge, parish of East Baton Rouge no later than the thirtieth calendar day after the date of
dissolution, and such funds, together with any other funds collected by the city of Baton
Rough, parish of East Baton Rouge pursuant to this Section, shall be maintained in a separate
account by the city of Baton Rouge, parish of East Baton Rouge, and shall be used only to
promote, encourage, and enhance the security and overall betterment of the area included in
the district.
(b) The authority for the imposition of the parcel fee provided in this Section shall
cease.
K. 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 2021, No. 154, §1, eff. June 11, 2021.