RS 9097.15 - Live Oak Trace Subdivision Crime Prevention and Improvement District
A. Creation. There is hereby created within the parish of East Baton Rouge, in the city of Zachary, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Live Oak Trace Subdivision Crime Prevention and Improvement 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 encompass the area included within the following perimeter: Creek Hollow Avenue, Pine Thickett Avenue, Honeysuckle Drive and Brush Creek Court. The district shall include all parcels on both sides of each street.
C. Purpose. The purposes of the district shall be to aid in crime prevention by providing security for district residents and to serve the needs of the residents of the district by funding beautification and improvements for the overall betterment of the district.
D. Board. (1) The district shall be governed by a board of commissioners consisting of seven members as follows:
(a) The president of the Live Oak Trace Homeowners' Association, or its successor.
(b) Two members appointed by the board of directors of the Live Oak Trace Homeowners' Association, or its successor.
(c) One member appointed by the member or members of the Louisiana House of Representatives who represent the area which comprises the district.
(d) One member appointed by the member or members of the Louisiana Senate who represent the area which comprises the district.
(e) One member appointed by the member or members of the East Baton Rouge Parish Metro Council who represent the area which comprises the district.
(f) One member appointed by the mayor-president of Baton Rouge.
(2) All members of the board shall be registered voters within the district.
(3) All members of the board shall serve without compensation and shall not receive reimbursement for expenses.
(4) The domicile of the board shall be within the district.
(5) The board shall be authorized to adopt bylaws for its governance and conduct.
(6) The members of the board shall select from among themselves a president and such other officers as they deem appropriate, whose responsibilities shall be as provided by the bylaws of the board.
(7) The board shall hold regular meetings as provided for in its bylaws and may hold special meetings at such times and places within the district as provided in the bylaws.
(8) The board shall keep minutes of all meetings.
(9) A majority of the board shall constitute a quorum for conducting business of the board.
E. Terms. (1)(a) Members appointed pursuant to Subparagraphs (D)(1)(a) and (b) of this Section shall serve four-year terms.
(b) Members appointed pursuant to Subparagraphs (D)(1)(c), (d), (e), and (f) of this Section shall serve three-year terms.
(2) Any board member may be removed for cause by a majority vote of the board.
(3) Vacancies shall be filled in the manner of the original appointment. A member shall be eligible for reappointment unless he was removed pursuant to Paragraph (2) of this Subsection.
F. 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 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 purchase items and supplies necessary for achieving any purpose of the district.
(6) To accept private grants and donations.
(7) To procure and maintain liability insurance 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.
(8) To perform or have performed any function or activity the board deems necessary to carry out the purposes of the district.
G. 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) The fee shall be as determined by a duly adopted resolution of the board, at an amount no less than one hundred eighty dollars, per parcel per year.
(2) The fee shall be imposed on each parcel located within the district. The term "parcel" as used in this Subsection shall mean a developed or undeveloped lot.
(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 submitted to the qualified electors of the district, at an election held for such purpose in accordance with the Louisiana Election Code, and a majority of those voting on the proposition have voted in favor of the fee.
(b) The fee may be increased four years from its initial levy in the same manner as its imposition.
(5) The East Baton Rouge Parish Sheriff's Office shall collect the fee at the same time and in the same manner as ad valorem taxes are collected.
(6) The East Baton Rouge Parish Sheriff's Office shall remit to the district all amounts collected not more than sixty days after collection; however, the board may enter into an agreement with the East Baton Rouge Parish Sheriff's Office to authorize the parish to retain, as a collection fee, not more than one percent of the amount collected.
(7) Any parcel fee which is unpaid shall be added to the tax rolls of the parish and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.
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 provisions. (1) It is the purpose and intent of this Section that the additional law enforcement personnel and services provided by the district shall be supplemental to and not in lieu of personnel and services provided in the district by the city of Zachary.
(2) If the district ceases to exist:
(a) All funds of the district shall be transmitted by the board to the governing authority of the city of Zachary within thirty days of dissolution. Such transmitted funds, together with any other funds collected by the East Baton Rouge Parish Sheriff's Office pursuant to this Section, shall be maintained in a separate account by the city and shall be used only to promote, encourage, and enhance the security, beautification, and overall betterment of the area formerly comprising the district.
(b) The authority for the imposition of the parcel fee provided in this Section shall cease.
Acts 2012, No. 340, §1, eff. May 25, 2012.