Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHCAHB139 552 2494 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Municipal, Parochial and Cultural Affairs to Original House Bill No.
139 BYby REPRESENTATIVERepresentative SAWYERMcMakin ANAMENDMENT ACTNO. ToenactR.S.
33:9097.44,1 relativeChange the author of the bill from Representative McMakin to EastBatonRepresentative RougeParish;Sawyer Page 1 of 1 CODING:
to createtheParkviewOaks Crime Prevention and Improvement District;
to provide relative to the boundaries, purpose, governance, and powers and duties of the district;
to provide for district funding;
to provide for effectiveness;
and to provide for related matters.
Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
33:9097.44 is hereby enacted to read as follows:
§9097.44.
Parkview Oaks Crime Prevention and Improvement District A.
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 Parkview Oaks Crime Prevention and Improvement 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.
Thedistrictshallincludeallpropertyshownonthefinalsubdivisionplats forParkviewOakslotsA&Bandlots1thru89andlots91thru121,ParkviewOaks East lots 1 thru 64 and lots 70 thru 77 and Parkview Oaks South lots 1 thru 247 and Sherwood Oaks lots 1 thru 231 final filings filed with the East Baton Rouge Parish Clerk of Court and as shown within the following boundaries:
For Parkview Oaks subdivision:Beginning near the intersection of ParkmountBoulevardandSherwoodForestBoulevardatthesouthwestcornerofLot B proceed north along the western boundary lines to the northwest corner of lot A.
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HB NO.
139 ENROLLED From the northwest corner of lot A proceed east along the northern boundary lines to the northeast corner of lot A.
From the northeast corner of lot A proceed north along the western boundary line to the northwest corner of lot 52.
From the northwestcorneroflot52proceedeastalongthenorthboundarylinetothenortheast corneroflot 63.
Fromthe northeast cornerof lot 63 proceedsouth alongtheeastern boundaryline to the northwest cornerof lot 12.
From the northwest cornerof lot 12 proceed east along the northern boundary lines to the northeast corner of lot 113.
From the northeast corner of lot 113 proceedsouth along the eastern boundarylines tothesoutheastcorneroflot 121.
Fromthesoutheastcorneroflot121proceedwest to the southwest corner of lot 104.
From the southwest corner of lot 104 proceed south to the southeast corner of lot 89.
From the southeast corner of lot 89 proceed west along the southern boundary line to the southwest corner of lot 76.
From the southwest corner of lot 76 proceed north along the west boundary line to the southeast cornerof lot B.
From the southeast cornerof lot B proceedwest alongthe southern boundary line to the southwest corner of lot B.
For Parkview Oaks East subdivision:
Beginning at the northwest corner of lot 16 proceed east along the north boundary line to the northeast corner of lot 21.
From the northeast cornerof lot 21 proceedsouth alongthe easternboundaryline to the southeast corner of lot 65.
From the southeast corner of lot 65 proceed west along the southern boundary line to the southwest corner of lot 65.
From the southwestcorneroflot 65 proceednorth to the northwest cornerof lot 65.
Fromthe northwest corner of lot 65 proceed west to the northeast corner of lot 73.
From the northeast corner of lot 73 proceed south to the southeast corner of lot 70.
From the southeast corner of lot 70 proceed west along the southern boundary line to the southwestcorneroflot 70.
From the southwestcorneroflot 70proceednorthalong the western boundary line to the northwest corner of lot 72.
From the northwest corner of lot 72 proceed west along the southern boundary line to the southwest corner of lot 77.
From the southwest corner of lot 77 proceed north along the western boundary lines to the northwest corner of lot 16.
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139 ENROLLED For Parkview Oaks South subdivision:
From the northwest corner of lot 94 proceed east to the northeast corner of lot 183 along the northern boundary lines.
From the northeast corner of lot 183 proceed south along the east boundarylines to the southeast mid point of lot 18.
From the southeast midpoint of lot 18 proceed west along the southern boundary line to the southwest corner of lot 17.
From the southwest corner of lot 17 proceed south along the east boundary line to the southeastcorneroflot241.
Fromthesoutheastcorneroflot241proceedwestalong the southern boundary line to the southwest corner of lot 247.
From the southwest corner of lot 247 proceed north along the western boundary line to the northwest corner of lot 233.
From the northwest corner of lot 233 proceed west along the southern boundary lines to the southwest corner of lot 228.
From the southwest corner of lot 228 proceed north along the western boundary lines to the northwest corneroflot 221.
Fromthenorthwestcorneroflot 221proceedeast to thenortheast corner of lot 213.
From the northeast corner of lot 213 proceed north along the western boundary lines to the southeast corner of lot 108A.
From the southeast corner of lot 108A proceed west to the southwest corner of lot 126A.
From the southwest corner of lot 126A proceed north along the west boundary lines to the northwest corner of lot 94.
For Sherwood Oaks subdivision:
Beginning at the southwest corner of lot 1 proceed east along the southern boundary of Sherwood Oaks subdivision to the southeast corner of lot 64.
From the southeast corner of lot 64 proceed north along theeasternboundaryofSherwoodOakssubdivisiontothesoutheastcorneroflot73.
From the southeast corner of lot 73 proceed east along the southern boundary of Sherwood Oaks subdivision to the southeast corner of lot 78.
From the southeast corner of lot 78 proceed north along the eastern boundaries of Sherwood Oaks subdivision to the northeast corner of lot 91.
From the northeast corner of lot 91 proceed west along the northern boundary of Sherwood Oaks subdivision to the northwest corner of lot 210.
From the northwest corner of lot 210 proceed south along the western boundary of Sherwood Oaks subdivision to the southwest corner of lot 1 starting point of the Sherwood Oaks subdivision.
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HB NO.
139 ENROLLED C.
The purpose of the district shall beto aidin crimeprevention, to enhance security within the district, to provide for an increase in security patrols in the district, and to provide for the overall betterment of the district.
D.(1) The district shall be governed by a seven-member board of commissioners, referred to in this Section as the "board".
The board shall be composed as follows:
(a) The board of directors of the Parkview Oaks Civic Association, referred to in this Section as the "association", shall appoint four members.
(b) The member of the Louisiana House of Representatives whose district encompasses all or the greater portion of the area of the district shall appoint one member.
(c) The member of the Louisiana Senate whose district encompasses all or the greater portion of the area of the district shall appoint one member.
(d) The member of the governing authority of East Baton Rouge Parish whose council district encompasses all or the greater portion of the area of the district shall appoint one member from a list of nominations submitted by the association.
(2) All members of the board shall own property and reside within the district and shall be qualified voters of the district.
(3)(a) Membersshallservefour-yeartermsaftertheinitialtermsasprovided inthisSubparagraph.
Twomembersshallserveaninitialtermofoneyear;twoshall serve two years;
two shall serve three years, and one shall serve four years, as determined by lot at the first meeting of the board.
(b) Members shall be eligible for reappointment.
(4) Anyvacancyinthemembershipoftheboardshallbefilledinthemanner of the original appointment.If the appointing authority responsible for the appointment of a member fails to fill a vacancy within thirty days, the remaining members of the board may appoint an interim successor to serve until the position is filled by the appointing authority.
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139 ENROLLED (5) 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.
(6) Themembersoftheboardshall servewithout compensationbut shall be reimbursedforreasonableout-of-pocketexpensesdirectlyrelatedtothegovernance of the district.
(7) The board shall keep minutes of all meetings and shall make them available through the secretaryof the board.
The minute books and archives of the district shall be maintained by the secretary of the board.
The monies, funds, and accounts of the district shall be in the official custodyof the board.
(8) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs.
The board shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within East Baton Rouge Parish as may be prescribed in the bylaws.
(9) A majorityof the membership of the board shall constitute a quorum for the transaction of business, and all official action of the board shall require the favorable vote of a majority of those members present and voting.
All members of the board shall be voting members.
(10) The domicile of the board shall be in East Baton Rouge Parish.
E.
Thedistrict,actingthroughitsboard,shallhavethefollowingpowersand 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 Subsections F and G of this Section and in accordance with a budget adopted as provided bySubsection H of this Section.
(4) To enter into contracts with individuals or entities, private or public.
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139 ENROLLED (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 improvement to the district, and to provide generally for the overall betterment of the district.
(6) To enter into contracts and agreements with one or more other districts for the joint security, improvement, or betterment of all participating districts.
(7) To provide for such services and make such expenditures as the board deems proper to carryout the purposes of the district.
(8) To acquire or lease items and supplies which the board deems proper to carry out the purposes of the district.
(9) Toprocureand maintain liabilityinsuranceagainst anypersonalorlegal liability of a board member that may be asserted or incurred based upon service as a member of the board or that mayarise as a result of actions taken within the scope and discharge of duties as a member of the board.
(10) To perform or have performed anyother function or activitynecessary or appropriate to carry out the purposes of the district or for the overall betterment of the district.
F.(1) Thegoverningauthorityofthedistrictmayimposeandcollectaparcel fee within the district subject to and in accordance with the provisions of this Subsection.
(2)(a) The fee shall be imposed on each improved and unimproved parcel located within the district.
(b) For purposes of this Section, a parcel shall be defined as a lot, a subdivided portion of ground, an individual tract, or a "condominium parcel" as definedinR.S.9:1121.103.Theowneroftheparcelshallberesponsibleforpayment of the fee.
(3) The amount of the fee shall be as provided in a duly adopted resolution of the board.
The fee shall be a flat fee per parcel not to exceed two hundred fifty Page 6 of 9 CODING:
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HB NO.
139 ENROLLED dollars per year for each parcel;
however, the initial fee for the first calendar year shall not exceed one hundred fiftydollars per parcel.
(4) The owner of each 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 an election held for that purpose in accordance with the Louisiana Election Code.
During the term of the fee, the board may increase the fee one time during each subsequent calendar year,without election, not to exceedten percentof the amount of the fee imposed during the previous calendar year;
however, the amountofthefeeshall not exceedthemaximumamountauthorizedinParagraph(3) of this Subsection.
No other election shall be required except as provided in this Paragraph.
(b) The fee shall expire at the time provided in the proposition authorizing the fee, not to exceed ten years, but the fee may be renewed if approved by a majority of the registered voters of the district voting on the proposition at an electionasprovidedin Subparagraph(a)ofthis Paragraph.
Ifthefeeisrenewed,the term of the imposition of the fee shall be as provided in the proposition authorizing the renewal, not to exceed ten years.
(6) The feeshall 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 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 BatonRouge Parish and shall be enforcedwith thesameauthorityandsubjectto the same penalties and procedures as unpaid ad valorem taxes.
G.
The district may solicit, accept, and expend additional voluntary contributions and grants to carry out the purposes of the district.
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139 ENROLLED H.(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.(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, equipment, and property of the district shall be transmitted to the governing authority of the city of Baton Rouge, parishofEastBatonRougeandshallbeusedonlywithinthedistrictforthepurposes set forth in this Section.
J.(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 of the district 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 anyof 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 shallnotbeindividuallyliableforanyactoromissionarisingoutoftheperformance of his duties.
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HB NO.
139 ENROLLED Section 2.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapproved bythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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