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ACT No. 1262026 Regular Session
HOUSE BILL NO. 139
BY REPRESENTATIVE SAWYER
1 AN ACT
2 To enact R.S. 33:9097.44, relative to East Baton Rouge Parish; to create the Parkview Oaks
3 Crime Prevention and Improvement District; to provide relative to the boundaries,
4 purpose, governance, and powers and duties of the district; to provide for district
5 funding; to provide for effectiveness; and to provide for related matters.
6 Notice of intention to introduce this Act has been published
7 as provided by Article III, Section 13 of the Constitution of
8 Louisiana.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 33:9097.44 is hereby enacted to read as follows:
11 §9097.44. Parkview Oaks Crime Prevention and Improvement District
12 A. There is hereby created within the parish of East Baton Rouge, as more
13 specifically provided in Subsection B of this Section, a body politic and corporate
14 which shall be known as the Parkview Oaks Crime Prevention and Improvement
15 District, referred to in this Section as the "district". The district shall be a political
16 subdivision of the state as defined in the Constitution of Louisiana.
17 B. The district shall include all property shown on the final subdivision plats
18 for Parkview Oaks lots A & B and lots 1 thru 89 and lots 91 thru 121, Parkview Oaks
19 East lots 1 thru 64 and lots 70 thru 77 and Parkview Oaks South lots 1 thru 247 and
20 Sherwood Oaks lots 1 thru 231 final filings filed with the East Baton Rouge Parish
21 Clerk of Court and as shown within the following boundaries:
22 For Parkview Oaks subdivision: Beginning near the intersection of
23 Parkmount Boulevard and Sherwood Forest Boulevard at the southwest corner of Lot
24 B proceed north along the western boundary lines to the northwest corner of lot A.
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1 From the northwest corner of lot A proceed east along the northern boundary lines
2 to the northeast corner of lot A. From the northeast corner of lot A proceed north
3 along the western boundary line to the northwest corner of lot 52. From the
4 northwest corner of lot 52 proceed east along the north boundary line to the northeast
5 corner of lot 63. From the northeast corner of lot 63 proceed south along the eastern
6 boundary line to the northwest corner of lot 12. From the northwest corner of lot 12
7 proceed east along the northern boundary lines to the northeast corner of lot 113.
8 From the northeast corner of lot 113 proceed south along the eastern boundary lines
9 to the southeast corner of lot 121. From the southeast corner of lot 121 proceed west
10 to the southwest corner of lot 104. From the southwest corner of lot 104 proceed
11 south to the southeast corner of lot 89. From the southeast corner of lot 89 proceed
12 west along the southern boundary line to the southwest corner of lot 76. From the
13 southwest corner of lot 76 proceed north along the west boundary line to the
14 southeast corner of lot B. From the southeast corner of lot B proceed west along the
15 southern boundary line to the southwest corner of lot B.
16 For Parkview Oaks East subdivision: Beginning at the northwest corner of
17 lot 16 proceed east along the north boundary line to the northeast corner of lot 21.
18 From the northeast corner of lot 21 proceed south along the eastern boundary line to
19 the southeast corner of lot 65. From the southeast corner of lot 65 proceed west
20 along the southern boundary line to the southwest corner of lot 65. From the
21 southwest corner of lot 65 proceed north to the northwest corner of lot 65. From the
22 northwest corner of lot 65 proceed west to the northeast corner of lot 73. From the
23 northeast corner of lot 73 proceed south to the southeast corner of lot 70. From the
24 southeast corner of lot 70 proceed west along the southern boundary line to the
25 southwest corner of lot 70. From the southwest corner of lot 70 proceed north along
26 the western boundary line to the northwest corner of lot 72. From the northwest
27 corner of lot 72 proceed west along the southern boundary line to the southwest
28 corner of lot 77. From the southwest corner of lot 77 proceed north along the
29 western boundary lines to the northwest corner of lot 16.
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1 For Parkview Oaks South subdivision: From the northwest corner of lot 94
2 proceed east to the northeast corner of lot 183 along the northern boundary lines.
3 From the northeast corner of lot 183 proceed south along the east boundary lines to
4 the southeast mid point of lot 18. From the southeast midpoint of lot 18 proceed
5 west along the southern boundary line to the southwest corner of lot 17. From the
6 southwest corner of lot 17 proceed south along the east boundary line to the
7 southeast corner of lot 241. From the southeast corner of lot 241 proceed west along
8 the southern boundary line to the southwest corner of lot 247. From the southwest
9 corner of lot 247 proceed north along the western boundary line to the northwest
10 corner of lot 233. From the northwest corner of lot 233 proceed west along the
11 southern boundary lines to the southwest corner of lot 228. From the southwest
12 corner of lot 228 proceed north along the western boundary lines to the northwest
13 corner of lot 221. From the northwest corner of lot 221 proceed east to the northeast
14 corner of lot 213. From the northeast corner of lot 213 proceed north along the
15 western boundary lines to the southeast corner of lot 108A. From the southeast
16 corner of lot 108A proceed west to the southwest corner of lot 126A. From the
17 southwest corner of lot 126A proceed north along the west boundary lines to the
18 northwest corner of lot 94.
19 For Sherwood Oaks subdivision: Beginning at the southwest corner of lot 1
20 proceed east along the southern boundary of Sherwood Oaks subdivision to the
21 southeast corner of lot 64. From the southeast corner of lot 64 proceed north along
22 the eastern boundary of Sherwood Oaks subdivision to the southeast corner of lot 73.
23 From the southeast corner of lot 73 proceed east along the southern boundary of
24 Sherwood Oaks subdivision to the southeast corner of lot 78. From the southeast
25 corner of lot 78 proceed north along the eastern boundaries of Sherwood Oaks
26 subdivision to the northeast corner of lot 91. From the northeast corner of lot 91
27 proceed west along the northern boundary of Sherwood Oaks subdivision to the
28 northwest corner of lot 210. From the northwest corner of lot 210 proceed south
29 along the western boundary of Sherwood Oaks subdivision to the southwest corner
30 of lot 1 starting point of the Sherwood Oaks subdivision.
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1 C. The purpose of the district shall be to aid in crime prevention, to enhance
2 security within the district, to provide for an increase in security patrols in the
3 district, and to provide for the overall betterment of the district.
4 D.(1) The district shall be governed by a seven-member board of
5 commissioners, referred to in this Section as the "board". The board shall be
6 composed as follows:
7 (a) The board of directors of the Parkview Oaks Civic Association, referred
8 to in this Section as the "association", shall appoint four members.
9 (b) The member of the Louisiana House of Representatives whose district
10 encompasses all or the greater portion of the area of the district shall appoint one
11 member.
12 (c) The member of the Louisiana Senate whose district encompasses all or
13 the greater portion of the area of the district shall appoint one member.
14 (d) The member of the governing authority of East Baton Rouge Parish
15 whose council district encompasses all or the greater portion of the area of the
16 district shall appoint one member from a list of nominations submitted by the
17 association.
18 (2) All members of the board shall own property and reside within the
19 district and shall be qualified voters of the district.
20 (3)(a) Members shall serve four-year terms after the initial terms as provided
21 in this Subparagraph. Two members shall serve an initial term of one year; two shall
22 serve two years; two shall serve three years, and one shall serve four years, as
23 determined by lot at the first meeting of the board.
24 (b) Members shall be eligible for reappointment.
25 (4) Any vacancy in the membership of the board shall be filled in the manner
26 of the original appointment. If the appointing authority responsible for the
27 appointment of a member fails to fill a vacancy within thirty days, the remaining
28 members of the board may appoint an interim successor to serve until the position
29 is filled by the appointing authority.
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1 (5) The board shall elect from its members a chairman, a vice chairman, a
2 secretary, a treasurer, and such other officers as it deems necessary. The duties of
3 the officers shall be fixed by the bylaws adopted by the board.
4 (6) The members of the board shall serve without compensation but shall be
5 reimbursed for reasonable out-of-pocket expenses directly related to the governance
6 of the district.
7 (7) The board shall keep minutes of all meetings and shall make them
8 available through the secretary of the board. The minute books and archives of the
9 district shall be maintained by the secretary of the board. The monies, funds, and
10 accounts of the district shall be in the official custody of the board.
11 (8) The board shall adopt such rules and regulations as it deems necessary
12 or advisable for conducting its business affairs. The board shall hold regular
13 meetings as shall be provided for in the bylaws and may hold special meetings at
14 such times and places within East Baton Rouge Parish as may be prescribed in the
15 bylaws.
16 (9) A majority of the membership of the board shall constitute a quorum for
17 the transaction of business, and all official action of the board shall require the
18 favorable vote of a majority of those members present and voting. All members of
19 the board shall be voting members.
20 (10) The domicile of the board shall be in East Baton Rouge Parish.
21 E. The district, acting through its board, shall have the following powers and
22 duties:
23 (1) To sue and be sued.
24 (2) To adopt, use, and alter at will a corporate seal.
25 (3) To receive and expend funds collected pursuant to Subsections F and G
26 of this Section and in accordance with a budget adopted as provided by Subsection
27 H of this Section.
28 (4) To enter into contracts with individuals or entities, private or public.
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1 (5) To provide or enhance security patrols in the district, to provide for
2 improved lighting, signage, or matters relating to the security of the district, to
3 provide for the beautification of and improvement to the district, and to provide
4 generally for the overall betterment of the district.
5 (6) To enter into contracts and agreements with one or more other districts
6 for the joint security, improvement, or betterment of all participating districts.
7 (7) To provide for such services and make such expenditures as the board
8 deems proper to carry out the purposes of the district.
9 (8) To acquire or lease items and supplies which the board deems proper to
10 carry out the purposes of the district.
11 (9) To procure and maintain liability insurance against any personal or legal
12 liability of a board member that may be asserted or incurred based upon service as
13 a member of the board or that may arise as a result of actions taken within the scope
14 and discharge of duties as a member of the board.
15 (10) To perform or have performed any other function or activity necessary
16 or appropriate to carry out the purposes of the district or for the overall betterment
17 of the district.
18 F.(1) The governing authority of the district may impose and collect a parcel
19 fee within the district subject to and in accordance with the provisions of this
20 Subsection.
21 (2)(a) The fee shall be imposed on each improved and unimproved parcel
22 located within the district.
23 (b) For purposes of this Section, a parcel shall be defined as a lot, a
24 subdivided portion of ground, an individual tract, or a "condominium parcel" as
25 defined in R.S. 9:1121.103. The owner of the parcel shall be responsible for payment
26 of the fee.
27 (3) The amount of the fee shall be as provided in a duly adopted resolution
28 of the board. The fee shall be a flat fee per parcel not to exceed two hundred fifty
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1 dollars per year for each parcel; however, the initial fee for the first calendar year
2 shall not exceed one hundred fifty dollars per parcel.
3 (4) The owner of each parcel shall be responsible for payment of the fee.
4 (5)(a) The fee shall be imposed only after the question of its imposition has
5 been approved by a majority of the registered voters of the district voting on the
6 proposition at an election held for that purpose in accordance with the Louisiana
7 Election Code. During the term of the fee, the board may increase the fee one time
8 during each subsequent calendar year, without election, not to exceed ten percent of
9 the amount of the fee imposed during the previous calendar year; however, the
10 amount of the fee shall not exceed the maximum amount authorized in Paragraph(3)
11 of this Subsection. No other election shall be required except as provided in this
12 Paragraph.
13 (b) The fee shall expire at the time provided in the proposition authorizing
14 the fee, not to exceed ten years, but the fee may be renewed if approved by a
15 majority of the registered voters of the district voting on the proposition at an
16 election as provided in Subparagraph (a) of this Paragraph. If the fee is renewed, the
17 term of the imposition of the fee shall be as provided in the proposition authorizing
18 the renewal, not to exceed ten years.
19 (6) The fee shall be collected at the same time and in the same manner as ad
20 valorem taxes are collected for East Baton Rouge Parish. The tax collector shall
21 collect and remit to the district all amounts collected not more than sixty days after
22 collection; however, the district may enter into an agreement with the tax collector
23 to authorize retention of an annual collection fee, not to exceed one percent of the
24 amount collected.
25 (7) Any parcel fee which is unpaid shall be added to the tax rolls of East
26 Baton Rouge Parish and shall be enforced with the same authority and subject to the
27 same penalties and procedures as unpaid ad valorem taxes.
28 G. The district may solicit, accept, and expend additional voluntary
29 contributions and grants to carry out the purposes of the district.
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1 H.(1) The board shall adopt an annual budget in accordance with the
2 Louisiana Local Government Budget Act, R.S. 39:1301 et seq.
3 (2) The district shall be subject to audit by the legislative auditor pursuant
4 to R.S. 24:513.
5 I.(1) It is the purpose and intent of this Section that any additional law
6 enforcement personnel and services provided for through the fees authorized in this
7 Section shall be supplemental to, and not in lieu of, personnel and services to be
8 provided in the district by publicly funded law enforcement agencies.
9 (2) If the district ceases to exist, any funds, equipment, and property of the
10 district shall be transmitted to the governing authority of the city of Baton Rouge,
11 parish of East Baton Rouge and shall be used only within the district for the purposes
12 set forth in this Section.
13 J.(1) The district shall indemnify its officers and board members to the
14 fullest extent permitted by R.S. 12:227, as fully as if the district were a nonprofit
15 corporation governed thereby, and as may be provided in the district's bylaws.
16 (2) No board member or officer of the district shall be liable to the district
17 or to any individual who resides, owns property, visits, or otherwise conducts
18 business in the district for monetary damages, for breach of his duties as a board
19 member or officer, provided that this provision shall not eliminate or limit the
20 liability of a board member or officer for any of the following:
21 (a) Acts or omissions not in good faith or which involve intentional
22 misconduct or a knowing violation of law.
23 (b) Any transaction from which he or she derived an improper personal
24 benefit.
25 (3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.
26 9:2792.1 through 2792.9, a person serving the district as a board member or officer
27 shall not be individually liable for any act or omission arising out of the performance
28 of his duties.
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1 Section 2. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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