This page was created on 2022-03-02. The following proposal for the Myrtle Hill Crime Prevention and Improvement District would require at least 50% yeas from our homeowners in order to be enacted.

DISTRICTS/CRIME PREVENT: Creates the Myrtle Hill Crime Prevention and Improvement District in East Baton Rouge Parish

AN ACT

To enact R.S. 33:9097.35, relative to East Baton Rouge Parish; to create the Myrtle Hill Crime Prevention and Improvement District; to provide relative to the boundaries, purpose, governance, and powers and duties of the district; to provide relative to district funding, including the authority to impose a parcel fee, subject to voter approval; to provide for an effective date; 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. 33:9097.35 is hereby enacted to read as follows:

§9097.35. Myrtle Hill 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 Myrtle Hill 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. 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.

C. Board

(1) The district shall be governed by a seven-member board of commissioners, referred to in this Section as the "board", composed as follows:

(a) The president of the Myrtle Hill Homeowners Association, Inc., or its successor.

(b) Two members appointed by the board of directors of the Myrtle Hill Homeowners Association, Inc., 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 governing authority of the city of Baton Rouge/parish of East Baton Rouge who represent the area which comprises the district.

(f) One member appointed by the mayor of the city of Zachary.

(2)

(a) Members appointed pursuant to Subparagraphs (C)(1)(b) through (f) of this Section shall serve three-year terms after serving initial terms as provided in this Subparagraph. Two members shall serve an initial term of three years; two members shall serve an initial term of two years; and two members shall serve an initial term of one year, as determined by lot at the first meeting of the board.

(b) The member serving pursuant to Subparagraph (C)(1)(a) of the Section shall serve during his term of office.

(3) Any board member may be removed for cause by a majority vote of the board.

(4) 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 (3) of this Subsection.

(5) All members of the board shall be registered voters within the district.

(6) All members of the board shall serve without compensation and shall not receive reimbursement for expenses.

(7) The domicile of the board shall be within the district.

(8) The board is authorized to adopt bylaws for its governance and conduct.

(9) 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.

(10) 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.

(11) The board shall keep minutes of all meetings.

(12) A majority of the board shall constitute a quorum for conducting business of the board.

D. 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 E of this Section and in accordance with a budget adopted as provided by Subsection F 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.

E. 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 two hundred fifty 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 lot upon which is situated a single-family residence.

(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 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.

(b) The fee shall expire ten years from its initial levy but may be renewed in the same manner as its imposition.

(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.

(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.

F. 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.

G. 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 East Baton Rouge Parish 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 parish 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.

Section 2

This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.

Digest

The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]

Abstract: Creates the Myrtle Hill Crime Prevention and Improvement District in East Baton Rouge Parish.

Proposed law creates the Myrtle Hill Crime Prevention and Improvement District in East Baton Rouge Parish as a political subdivision of the state to aid in crime prevention and to provide funding for the beautification and improvement of the district. Provides for district boundaries.

Proposed law provides for the governance of the district by a seven-member board composed as follows:

(1) The president of the Myrtle Hill Homeowners Assoc., Inc. (association).

(2) Two members appointed by the board of directors of the association.

(3) One member appointed by the member(s) of the La. House of Representatives who represent the area which comprises the district.

(4) One member appointed by the member(s) of the La. Senate who represent the area which comprises the district.

(5) One member appointed by the member(s) of the governing authority of city of Baton Rouge/parish of East Baton Rouge who represent the area which comprises the district.

(6) One member appointed by the mayor of the city of Zachary.

Requires that members be registered voters within the district and further requires that they serve without compensation. Further provides that appointed members serve three-year staggered terms.

Proposed law establishes the powers of the district which include:

(1) To receive and expend funds collected pursuant to proposed law in accordance with a budget adopted pursuant to proposed law.

(2) To enter into contracts.

(3) To purchase items and supplies necessary for achieving any purpose of the district.

(4) To accept private grants and donations.

(5) To purchase and maintain liability insurance for board members for actions taken in the course of their duties on the board.

(6) To perform or have performed any other function or activity necessary to achieve the purposes of the district.

Proposed law authorizes the governing authority of East Baton Rouge Parish to collect a parcel fee within the district, not to exceed $250 per year, subject to voter approval.

Provides that the amount of the fee shall be as provided by duly adopted resolution of the board and the fee shall only be imposed on lots containing single-family dwellings.

Proposed law provides that the fee expires 10 years from its initial levy, but may be renewed in the same manner as its imposition. Further provides that the fee shall be collected at the same time and in the same manner as ad valorem taxes, and that any unpaid parcel fees shall be added to the tax rolls of the parish and enforced with the same authority and the same penalties as unpaid ad valorem taxes.

Proposed law requires the district to adopt an annual budget in accordance with present law and shall be subject to audit by the legislative auditor's office.

Proposed law provides that the intent of proposed law is to enhance the law enforcement personnel and services provided by the city and not to be in lieu of such services. Further provides that if the district ceases to exist all of its funds shall be transmitted to the governing authority of East Baton Rouge Parish and shall be used to enhance security and beautification in the area formerly comprising the district. Further provides that upon dissolution of the district, the authority to levy the parcel fee provided for in proposed law shall cease.

Effective upon signature of governor or lapse of time for gubernatorial action. (Adds R.S. 33:9097.35)