RS 9097.32 - Forest Oak Windsor Place Crime Prevention, Improvement, and Beautification District
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 Forest Oak Windsor Place Crime Prevention, Improvement, and Beautification 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. Boundaries. The district shall include the area within the following boundaries: beginning at the intersection of North Sherwood Forest Drive and Florida Boulevard, then east along Florida Boulevard to its intersection with North Flannery Road, then north along North Flannery to its intersection with the railroad track immediately to the north of South Choctaw Drive, then west along the railroad track to its intersection with North Sherwood Forest Drive, then south along North Sherwood Forest Drive to the point of beginning.
C. The purpose of the district is to aid in crime prevention and to add to the security of the district residents by providing for an increase in the presence of law enforcement personnel in the district and to add to the overall betterment of the district by providing for beautification and other improvements within the district.
D. Governance. (1) In order for the orderly development and effectuation of the services to be furnished by the district and to provide for the representation in the district's affairs of those persons and interests immediately concerned with and affected by the purposes and development of the area included within the district, the affairs of the district shall be managed by a board of commissioners, referred to in this Section as the "board", comprised of the members of the governing board of the Forest Oaks Windsor Place Civic Association.
(2) 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.
(3) The secretary of the board shall maintain the minute books and archives of the district. The monies, funds, and accounts of the district shall be in the official custody of the board.
(4) The board shall adopt such bylaws 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 law, including, if applicable, the Open Meetings Law. The board shall hold regular meetings as provided for in the bylaws and may hold special meetings at times and places within the district as prescribed in the bylaws.
(5) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available through the secretary of the board.
(6) The members of the board shall serve without compensation but shall be reimbursed for their reasonable out-of-pocket expenses directly related to the governance of the district.
E. Powers and duties. 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 Subsection F 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 improvements for the district, and to provide generally for the overall betterment of the district.
F. Parcel fee. The district may 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 imposed by duly adopted resolution of the board. The fee shall be a flat fee not to exceed one hundred seventy-five dollars per parcel per year for lots zoned for residential use and five hundred dollars per parcel per year for lots zoned for commercial use. The fee imposed on each parcel whose owner qualifies for the special assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana shall be fifty percent of the amount of the fee that would otherwise be imposed on such a parcel.
(2) The fee shall be imposed on each improved and unimproved parcel located within the district. The owner of the parcel shall be responsible for payment of the fee.
(3) 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.
(4) The fee shall be imposed only after 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.
(5) The term of the imposition of the fee shall be as provided in the proposition authorizing the fee, not to exceed ten years. The fee may be renewed if the renewal is approved by the voters in the manner provided in Paragraph (4) of this Subsection. 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 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.
(7) 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. Additional contributions. The district may solicit, accept, and expend additional voluntary contributions and grants to carry out its purposes.
H. Budget. (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. Miscellaneous provisions. (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 of the district shall be transmitted to the governing authority of the city of Baton Rouge, parish of East Baton Rouge and shall be used for law enforcement purposes in the area which comprised the district.
J. Indemnification and exculpation. (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 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 or she 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.
Acts 2020, No. 260, §1, eff. June 11, 2020.