§ 33:9097.43 — Cypress Point Improvement District

Louisiana § 33:9097.43

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.43. Cypress Point 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 Cypress Point 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 district shall be comprised of the area lying within I-10 West, North Branch
Ward Creek, and South Essen Heights. Municipal addresses include 8400 through 8680 of
East Cypress Point Court.
C. The purpose of the district shall be to provide for improvements to drainage and
sewer systems and the overall betterment of the district.
D.(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 Cypress Point Homeowners 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 assessor for the parish of East Baton Rouge 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 the initial terms as provided in this
Subparagraph. Two members shall serve an initial term of one year; two shall serve 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 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 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 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. 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 for improvements to drainage and sewer systems within 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 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. 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 improved and unimproved parcel located
within the district. The owner of the parcel shall be responsible for the payment of the fee.
(b) For purposes of this Section, a parcel shall be defined as a lot, a subdivided
portion of ground, or an individual tract which is zoned residential; however, the term
"parcel" shall not include "condominium parcel" or "condominium property" as defined in
R.S. 9:1121.103.
(2)(a) The amount of the fee shall be as provided in a duly adopted resolution of the
board. The fee, however, shall not exceed three hundred dollars per parcel per year.
(b) 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. Any elections
held by the district pursuant to this Section shall be held on a date that corresponds with an
election provided by R.S. 18:402(A)(1) or (B)(1).
(3) A parcel fee shall expire twenty years after its levy but may be renewed as
provided in Subparagraph (2)(b) of this Subsection. The renewed fee shall not exceed the
maximum amount authorized in Subparagraph (2)(a) of this Subsection.
(4) Not sooner than five years after approval of the parcel fee by the registered voters
of the district as provided in this Subsection, the board may increase the amount of the parcel
fee one time without an election. The amount of the increased fee shall not exceed the
maximum amount authorized in Subparagraph (2)(a) of this Subsection.
(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 the 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 may 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. If the district ceases to exist, any funds of the district shall be transmitted to the
governing authority of East Baton Rouge Parish and shall be used for the beautification of
and improvements to the area which comprised the district.
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 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 2025, No. 491, §1, eff. June 26, 2025.