§ 33:9097.6 — Hermitage-Cross Creek Crime Prevention and Development District

Louisiana § 33:9097.6

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

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 Hermitage-Cross Creek Crime Prevention and Development District, hereafter in this Section 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 district shall be comprised of the area of the parish of East Baton Rouge, lying within the following perimeter: Starting on the southwest corner of the edge of Lot 80 of Cross Creek Subdivision and proceeding in a northerly direction along the western edge of lot 80 to Elvin Drive then proceeding northeast along Elvin to Cross Creek Ave then in a north-northwest direction along Cross Creek Ave and East of Lot 1 of Rosewood Subdivision to the northeast edge of Lot 1 of Rosewood Subdivision then proceeding southwest along a drainage servitude between lots 1 through 6 of Rosewood Subdivision and the southern boundaries of Cross Creek subdivision lots 75 through 69, then turning northwest and proceeding along the western boundaries of Cross Creek Subdivision lots 69 through 31 then proceeding northwest along the northern boundaries of lots 31 through 21, then proceeding northwest along the western boundaries of Hermitage subdivision lots 200 through 214 to Gardere Lane, then proceeding along the middle of Gardere Lane in a north-northeasterly direction to the intersection of Old Hermitage Parkway, then proceeding in a southeasterly direction along Old Hermitage Parkway to a drainage canal, then proceeding northeast along the northern boundary of lot 401-A of Hermitage Subdivision, then proceeding southeast within the drainage canal and along the northern boundaries of Hermitage Subdivision Lots 401 A through 415 A, then proceeding southwest within the drainage canal and along the southern boundaries of Lots 415 A and 370 through 400 of Hermitage Subdivision, continuing southwest within the drainage canal and along the southern boundary of Hermitage lot 226 to the northeastern boundary of Lot 4 of Cross Creek Subdivision, then proceeding south-southeast between the eastern boundaries of Cross Creek Subdivision lots 4 through 1 and 76, then proceeding southwest along the southern boundaries of Cross Creek Subdivision lots 76 through 80 to the southwest corner of Lot 80, thus defining a district enclosing and consisting of 80 single family lots within the Cross Creek subdivision and 415 single family lots within the Hermitage Subdivision and excluding any multifamily, commercial or rural lots which shall be considered part of the South Burbank Crime Prevention and Development District.
C. Purpose. The purpose of the district shall be to aid in crime prevention by increased law enforcement and private security, maintenance of common areas, and related activities.
D. Governance. (1) The district shall be governed by a board of commissioners consisting of five members appointed as follows:
(a) One member from Hermitage Subdivision appointed by the board of directors of the Hermitage Cross Creek Homeowners Association.
(b) One member from Cross Creek Subdivision appointed by the board of directors of the Hermitage Cross Creek Homeowners Association.
(c) One member appointed by the mayor-president of Baton Rouge.
(d) One member appointed by the member or members of the Louisiana House of Representatives who represent the area which comprises the district.
(e) One member appointed by the member or members of the Louisiana Senate who represent the area which comprises the district.
(2) All members of the board shall reside within the district and be registered voters in the district.
(3) The terms of the members shall be four years.
(4) The members of the board shall select from among themselves a president and such other officers as they deem appropriate. The terms and responsibilities of officers shall be as provided by the bylaws of the board.
(5) 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 of this Section 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 or other programs 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 the board deems necessary for the achievement of the purposes of the district.
(7) To provide for police protection, jurisdiction over any facilities owned by the district, and may contract for such services with municipalities or parishes, or both, or with private enterprises within its jurisdiction.
F. Parcel fee. The governing authority of East Baton Rouge Parish is hereby authorized to impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection:
(1) For the purposes of this Section, a parcel shall be defined as a lot, a subdivided portion of ground, or an individual tract used as a residential structure.
(2) The amount of the fee shall be as requested by duly adopted resolution of the governing authority of the district; however, the fee shall not exceed one hundred dollars per parcel per year for each residential structure.
(3) The fee shall be imposed on each improved parcel located within the district.
(4) The owner of the parcel shall be responsible for payment of the fee.
(5)(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 a regularly scheduled election held in accordance with the Louisiana Election Code. No other election shall be required except as provided by this Paragraph.
(b) The fee shall expire ten years from its initial levy but may be renewed as provided in Subparagraph (a) of this Paragraph. If renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed ten years.
(6) The district may collect the parcel fee by use of any means authorized by law for the collection of taxes. The district may submit to the assessor a certified list, either in hard or electronic form, reflecting the fee amounts due, the property upon which each amount is levied, and the last owner of record of such property. Upon receipt of such information, the assessor shall place the fee on the tax roll. If the list is received by the assessor on or before October fifteenth, then the fee shall be placed on the roll for the current year. If the list is received by the assessor after October fifteenth, then the fee shall be placed on the roll for the next tax year. Upon filing with the recorder of mortgages, the roll shall operate as a lien against all property against which the fee has been assessed as provided by Chapter 3 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950. All fee amounts reflected on the roll shall be subject to interest in the same manner as ad valorem taxes. The assessor shall be reimbursed in the same manner as provided in R.S. 47:1993.1(C), but the governing authority of the district shall not be required to pay such reimbursement in advance.
(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 East Baton Rouge Parish. The sheriff shall collect and remit to the district all amounts collected not more than sixty days after collection. He shall retain the same commissions as he receives for the collection of ad valorem taxes. Such means of collection shall include but are not limited to tax sales as provided for in Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950.
(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. 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. The budget and all amendments shall be submitted to the East Baton Rouge Metropolitan Council.
(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 and security personnel and their services provided for through the fees authorized herein shall be supplemental to and not in lieu of personnel and services provided in the district by the East Baton Rouge Parish Sheriff's Office or the Baton Rouge City Police.
(2) 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 law enforcement purposes in the area which comprised the district.

Legislative History

Acts 2009, No. 70, §1.