2014 Louisiana Laws
Revised Statutes
TITLE 33 - Municipalities and Parishes
RS 33:9097.24 - Villa del Rey Crime Prevention and Neighborhood Improvement District

§9097.24. Villa del Rey Crime Prevention and Neighborhood 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 Villa del Rey Crime Prevention and Neighborhood 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. Boundaries. The district shall include all property shown on the final subdivision plats for Villa del Rey Subdivision filings First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth including lots 1 through 811, Villa del Rey Park Subdivision including lots 1 through 6, lots 8 through 47 and lots 58 through 95 and Castlewood Subdivision including lots 3 through 14, lot 15A, lots 18 through 25 and lots 29 through 32 and Milnor Subdivision recorded with the East Baton Rouge Parish Clerk of Court, as more particularly described as follows: Begin at the northwest corner of lot 728 of Villa del Rey, proceed east along the northern boundaries of the lots fronting W. Daryl Parkway crossing Monterrey Boulevard, Palermo Drive and San Clemente to the northeast corner of lot 710 of Villa del Rey, then south along the eastern boundary of lot 710 of Villa del Rey, then south along the eastern boundaries of the lots fronting San Clemente Drive, then south across Jones Creek, then south along the eastern boundary of lot 347 of Villa del Rey to Sharp Lane, then south along the centerline of Sharp Lane diagonally to its intersection with the southeast corner of lot 1 of Milnor Subdivision, then west along the southern boundaries of the lots fronting Karen, across Milnor Drive, west along the southern boundary of lot 5 of Milnor north along the west boundaries of lots 5, 6, and 7 of Milnor Subdivision to the southeast corner of lot 93 of Villa del Rey Park, then west along the southern boundaries of the lots fronting Patio Court to the southwest corner of lot 80 of Villa del Rey Park, then north-northwest along the western boundaries of lots 80, 79, and 78 of Villa del Rey Park, then west across Jones Creek, then west along the southern boundaries of the lots fronting W. Pomona Drive to the southwest corner of lot 184 of Villa del Rey, then south along the eastern boundaries of the lots fronting Monterrey Boulevard to the southeast corner of lot 42 of Villa del Rey, then east along the northern boundaries of lots fronting Berkeley Street to the northeast corner of lot 18 of Castlewood, then south along the eastern boundaries of the lots fronting Castlewood Drive to the southeast corner of lot 25 of Castlewood Subdivision, then west along the southern boundary of lot 25 to the southwest corner of lot 25, then across Castlewood Drive to the southeast corner of lot 3 of Castlewood Subdivision, then west along the southern boundaries of lots 3 and 32 of Castlewood Subdivision, then south along the east side of Monterrey Boulevard to the north side of Florida Boulevard North Service Road, then west to its intersection of the west side of Monterrey Boulevard, then north to the southeast corner of lot 1 of Villa del Rey, then west along the southern boundaries of the lots fronting San Lo Drive to the southwest corner of lot 6 of Villa del Rey, then north along the western boundaries of lot 6 and the lots fronting S. Alameda Drive, across W. Pomona Drive and Cuyhanga Parkway, then north along the western boundary of lot 88 of Villa del Rey, then north across Jones Creek, then north along the western boundaries of the lots fronting N. Alameda Drive, then north across W. Tams Drive, then north along the western boundaries of the lots fronting N. Alameda Drive, then north across W. Darryl Parkway, then north along the western boundary of lot 728 of Villa del Rey Subdivision to the point of beginning.

C. Purpose. The purpose of the district shall be to aid in crime prevention, to enhance security within the district, to provide for an increase in security patrols in the district, to beautify and improve the common areas within the district, and to provide for the overall betterment of the district.

D. Governance. (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 president of the Villa del Rey Citizens Association, Inc.

(b) The board of directors of the Villa del Rey Citizens Association, Inc. shall appoint two members.

(c) 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.

(d) The member of the Louisiana Senate whose district encompasses all or the greater portion of the area of the district shall appoint one member.

(e) The council member of the governing authority for East Baton Rouge Parish who represents all or the greater portion of the area of the district shall appoint one member.

(f) The mayor-president of the city of Baton Rouge and parish of East Baton Rouge shall appoint one member.

(2) All members of the board shall own property and reside within the district and shall be qualified voters of the district.

(3)(a) Members shall serve four-year terms after the initial terms as provided in this Subparagraph. Two members shall serve an initial term of one year; two shall 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) Any vacancy in the membership of the board shall be filled in the manner 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.

(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) 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, not to exceed one hundred dollars per year.

(7) The board shall keep minutes of all meetings and shall make them available through the secretary of 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 custody of the board.

(8) The board shall adopt such rules and regulations 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 provisions of the Open Meetings Law. 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 majority of 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. 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 Subsections F and 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 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 carry out 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) To procure and maintain liability insurance against any personal or legal liability of a board member that may be asserted or incurred based upon service as a member of the board or that may arise 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 any other function or activity necessary or appropriate to carry out the purposes of the district or for the overall betterment of the district.

F. Parcel fee. The governing authority of the district may impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection:

(1)(a) The fee shall be imposed on each improved and unimproved parcel located within the district.

(b) For the purposes of this Section, a parcel shall be defined as a lot, a subdivided portion of ground, or an individual tract within Filings First through Eighth of Villa del Rey, Villa del Rey Park, Castlewood, and Milnor Subdivisions, and which is listed on the tax rolls for assessment of property taxes. The owner of the parcel shall be responsible for payment of the fee.

(2)(a) The amount of the parcel fee shall be as provided by duly adopted resolution of the governing authority of the district. The annual parcel fee shall not exceed two hundred fifty dollars per parcel per year. Owners who have been granted the special assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana shall be charged fifty percent of the parcel fee charged to other owners.

(b) The annual parcel 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.

(3) A parcel fee shall expire ten years after its levy but may be renewed for additional terms not to exceed ten years if approved by the voters in the manner provided in Subparagraph (2)(b) of this Subsection.

(4) The parcel 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; however, the district may enter into an agreement with the tax collector to authorize the tax collector to retain an annual collection fee, not to exceed one percent of the amount collected.

(5) 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 is authorized to solicit, accept and expend additional voluntary contributions and grants to carry out the purposes of the district.

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, equipment, and property of the district shall be transmitted to the governing authority of the parish of East Baton Rouge and shall be used only within the area comprising the district for the purposes set forth in this Section.

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 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 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 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 2014, No. 831, §1, eff. June 23, 2014.