RS 9097.5 - Greenwood Crime Prevention and Improvement 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 Greenwood 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. 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.
B. Boundaries. The boundaries of the district are coterminous with the boundaries of Greenwood Subdivision as established in the official subdivision plat filed with the clerk of court for East Baton Rouge Parish.
C. Board. (1) The district shall be governed by a board of commissioners consisting of seven members as follows:
(a) The president of the Greenwood Civic Association, or its successor.
(b) Two members appointed by the board of directors of the Greenwood Civic 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 own immovable property within the district.
(3) All members of the board shall serve without compensation but may receive reimbursement for approved expenses directly related to the governance of the district.
(4) The domicile of the board shall be within the district.
(5) The board is authorized to adopt bylaws for its governance and conduct.
(6) 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.
(7) The board shall keep minutes of all meetings.
(8) A majority of the board shall constitute a quorum for conducting business of the board.
D. Terms. (1)(a) Appointed members of the board shall serve two-year terms after initial terms as provided in Subparagraph (b) of this Paragraph.
(b) Two members shall serve initial terms of one year, two shall serve initial terms of eighteen months, and two shall serve initial terms of two years, all as determined by lot at the first meeting of the board.
(2) Any board member who misses four meetings shall be disqualified and removed automatically from office.
(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.
(4) 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.
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.
(5) To perform or have performed any function or activity the board deems necessary to carry out the purposes 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.
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) The amount of the fee shall be as determined by duly adopted resolution of the board. The fee, however, shall not exceed one hundred twenty-five 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. The owner of the parcel shall be responsible for payment of the fee.
(3)(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 an election held for that purpose in accordance with the Louisiana Election Code. At least thirty days prior to any election held to approve imposition of a parcel fee, the board of commissioners shall mail notification of the upcoming election to each registered voter of the district and to the owner of a parcel if the owner is not a registered voter of the district. 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 in the same manner as its imposition.
(4) The fee shall be collected at the same time and in the same manner as ad valorem taxes are collected by the parish.
(5) The parish of East Baton Rouge shall collect the fee at the same time and in the same manner as ad valorem taxes are collected and shall maintain the proceeds of the fee collected pursuant to this Section in a separate account until such proceeds are disbursed to the district.
(6) The parish of East Baton Rouge 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 parish 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.
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.
(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.
H. Dissolution. (1) The district may be dissolved after the question of its dissolution has been approved by a majority of the registered voters of the district voting on the proposition at a regularly scheduled election conducted in accordance with the provisions of the Louisiana Election Code. The question may be placed on the ballot only after it has been approved by the affirmative vote of not less than five members of the board.
(2) If the district ceases to exist:
(a) All funds of the district shall be transmitted by the board to the parish of East Baton Rouge within thirty days of dissolution. Such transmitted funds, together with any other funds collected by the parish of East Baton Rouge 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 included in the district.
(b) The authority for the imposition of the parcel fee provided in this Section shall cease.
I. Miscellaneous provision. 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 Baton Rouge and East Baton Rouge Parish.
Acts 2009, No. 57, §1.