§ 33:9097.42 — Cross Gates Subdivision Crime Prevention and Neighborhood Improvement

Louisiana § 33:9097.42

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.42. Cross Gates Subdivision Crime Prevention and Neighborhood Improvement
District
A. 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 Cross Gates Subdivision 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. The boundaries of the district shall include the area encompassed within the
following streets: Cross Gate Drive, North Antioch Crossing, Antioch Crossing, Antioch
Court, and Gateway Drive.
C. 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.(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 Cross Gates Homeowners Association shall appoint
four members.
(b) The member of the Louisiana House of Representatives and the member of the
Louisiana Senate whose districts encompass all or the greater portion of the area of the
district shall jointly 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 two years; two shall serve three
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 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 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. Rules and regulations of the board relative to
the notice and conduct of meetings shall conform to applicable provisions of the Open
Meetings Law. The board shall hold 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. 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.(1) 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.
(2) The fee shall be imposed on each improved and unimproved parcel located
within the district.
(3)(a) The amount of the fee shall be as provided in a duly adopted resolution of the
board. The fee shall be a flat fee per parcel not to exceed four hundred dollars per year for
each parcel; however, the initial fee for the first calendar year shall not exceed one hundred
fifty dollars per parcel.
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion of
ground, an individual tract, or a "condominium parcel" as defined in R.S. 9:1121.103.
(c) The owner of each parcel shall be responsible for payment of the fee.
(4)(a) A fee shall be imposed only after the question of its imposition has been
approved by a majority of registered voters of the district voting on the proposition at an
election held for that purpose in accordance with the Louisiana Election Code. The amount
of the fee may be changed by duly adopted resolution of the board, not to exceed the
maximum amount authorized by this Subsection and approved by the voters. No other
election shall be required except as provided by this Paragraph.
(b) The fee shall expire at the time provided in the proposition authorizing the fee,
not to exceed ten years from its initial imposition, but the fee may be renewed as provided
in Subparagraph (a) of this Paragraph. Any election to authorize renewal of the fee shall be
held for that purpose in accordance with the Louisiana Election Code. If the fee is renewed,
the term of the imposition of the fee shall be as provided in the proposition authorizing the
renewal, not to exceed ten years.
(5) 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 retention of an annual
collection fee, not to exceed one percent of the amount collected.
(6) 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. The district is authorized to solicit, accept, and expend additional voluntary
contributions and grants to carry out the purposes of the district.
H.(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.(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, equipment, and property of the district
shall be transmitted to the governing authority of the parish of East Baton Rouge and shall
be used only within the district for the purposes set forth in this Section.
J.(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 the board member or officer 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 2025, No. 49, §1, eff. June 4, 2025.