Terms Used In Louisiana Revised Statutes 33:9097.37

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Ex officio: Literally, by virtue of one's office.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

            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 University Security 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. The district shall encompass an area within the city of Baton Rouge, generally bounded on the north by Roosevelt Street, on the east by University Lake, Parker Blvd, and Burbank Drive, on the south by River Road, Laurel Lakes Sub. and Farr Park, and on the west by River Road, exclusive of the Riverbend Crime Prevention and Improvement District, and being more fully described as follows:

            Commence at a point which is the intersection of the west right of way line of River Road with the extension of the north right of way line of West Roosevelt St.;

            Thence proceed in an easterly direction along the north right of way line of West Roosevelt St., across Highland Rd to East Roosevelt St., and continuing easterly across Thomas Delpit Dr., then southerly and easterly along the north right of way line of East Roosevelt St. to its intersection with the southwest property line of McKinley High School property;

            Thence proceed in a southeasterly then easterly direction along the south boundary of McKinley High School to a point which is the intersection of the southeast boundary of McKinley High School with the edge of water of a body of water commonly referred to as Lake Crest;

            Thence proceed in a southerly and easterly direction along the westerly and southerly edge of Lake Crest to a point which is the intersection of the extension of the southern edge of Lake Crest with the east right of way line of Dalrymple Dr.;

            Thence proceed in a southerly direction along the east right of way line of Dalrymple Drive to the southwest corner of Lot 3 of the division of a portion of Lot 27, Richland Plantation;

            Thence proceed easterly along the south line of Lot 3 of the division of a portion of Lot 27, Richland Plantation the water’s edge of University Lake;

            Thence proceed in a general southeasterly direction following along the various meanders of the water’s edge of University Lake as it existed in April of 2023, continuing along the water’s edge along the south side of West Lakeshore Dr. to a point which is the intersection of the extension of the existing water’s edge of University Lake with the center of Corporation Canal, at a point which is 30 feet south of the centerline of West Lakeshore Dr.;

            Thence proceed southerly along a line that is parallel to and 30 feet south and east of the centerline of West Lakeshore Dr. to a point which is the intersection of a line that is 30 feet east of the centerline of the East Parker Blvd roadway;

            Thence proceed in a southwesterly direction along a line that is 30 feet southeast of the centerline of East Parker Blvd. to a point which is the northwest corner of Lot 1-A, Lehavre Subdivision, which point is also on the south right of way line of East Parker Blvd.;

            Thence proceed along the south right of way line of East Parker Blvd. to the intersection of the north right of way line of Highland Rd.;

            Thence proceed in a southeast direction along the north right of way line of Highland Rd. to a point which is the intersection of the northeasterly extension of the easterly line of Lot A-2 of the former Hazel L. Kelley property with the north right of way line of Highland Rd.;

            Thence proceed across Highland Rd along the southeast line of Lot A-2 of the former Hazel L. Kelley property to the north line of Highland Estates, aka, Highland Hideaway Townhomes;

            Thence proceed in an westerly and southerly direction along the southeast line of said Highland Estates, aka, Highland Hideaway Townhomes, across the east branch of Bayou Fountain, and along the southeast line of Lot 4-A of the J.T. Williams Subdivision to the north right of way line of Burbank Dr.;

            Thence proceed in a southeasterly direction along the north right of way line of Burbank Dr. to the intersection of the west right of way line of West Lee Dr.;

            Thence proceed in a northeasterly direction along the west right of way line of West Lee Dr. to a point which is on the extension of the north line of Parcel 7, Circle N Ranch property;

            Thence proceed in a southeasterly direction along the north line of Parcel 7, Circle N Ranch property, crossing Ben Hur Rd., and along the north and east line of Tract D-1-A of the Nelson Property to a point of the north right of way line of Burbank Dr.;

            Thence proceed in a southeasterly direction along the north right of way line of Burbank Dr to a point which is 600 feet south of the southeast corner of Lot 8-A, University Acres Subdivision;

            Thence proceed in a southwesterly direction, across Burbank dr., to a point which is the most northerly corner of Tract C-2-A-1-A-1 of the Nelson Property;

            Thence proceed in a southerly direction along the east line of Tract C-2-A-1-A-1 of the Nelson Property to the southeast corner of Tract C-2-A-1-A-1 of the Nelson Property;

            Thence proceed in a southeasterly and easterly direction along the east property lines of Tracts C-2-A-1-A-1, C-2-A-2-A and C-2-A-3-A of the Nelson Property to a point on the north right of way line of Nicholson Dr.;

            Thence proceed in a southeasterly direction along the north right of way line of Nicholson Dr. to a point which is the intersection of the east property line of the LSU Ag Center site, said line being the west line of Section 79, Township 8 South, Range 1 East and Section 73, Township 8 South , Range 1 West;

            Thence proceed in a southerly direction along said Section line to a point which is the intersection of said Section line with the southerly right of way line of River Rd.;

            Thence proceed in a westerly direction along the south right of way line of River Rd. to the intersection of the west property line of the LSU Ag Center Site, said line being the west line of Section 65, Township 8 South, Range 1 West;

            Thence proceed northerly along the west property line of the LSU Ag center Site, said line being the west line of Section 65, Township 8 South, Range 1 East to the northwest corner of said Section 65;

            Thence proceed in an easterly direction along the north line of said Section 65 to the northeast corner of Section 65, said corner being the southwest corner of Section 41, Township 8 South, Range 1 West;

            Thence proceed northerly along the west line of said Section 41 to the south property line of Laurel Lakes Estates Subdivision;

            Thence proceed along the property line of Laurel Lakes Estates Subdivision in an easterly, then northerly, then westerly direction to a point on the eastern line of Riverbend Subdivision Third filing;

            Thence proceed in a northerly direction along the east line of Riverbend Subdivision, Third and First Filings to a point at the northeast corner of Lot 65 of Riverbend Subdivision, First Filing;

            Thence proceed in a easterly, then northerly, then northwesterly direction along the property line of Tract X, Riverbend Subdivision, First filing to the east line of Riverbend Subdivision, Fifth Filing, said point being the southeast corner of Lot 314 of said Riverbend Subdivision Fifth filing;

            Thence proceed in a northerly direction along the east line of Riverbend Subdivision Fifth Filing to the south right of way line of Brightside Lane;

            Thence proceed in a westerly direction along the south right of way line of Brightside Lane to a point which is on the west line of Riverbend Subdivision, Eighth Filing;

            Thence proceed in a westerly and southerly direction along the west line of Riverbend Subdivision Eighth Filing to the southwest corner of Lot 810, said point being the southeast corner of Riverbend Landing Subdivision, Third Filing, Part 3;

            Thence proceed in a westerly direction along the south line of Riverbend Landing Subdivision, Third Filing, Parts 3, 4 and Second Filings to the southwest corner of Lot 658-A, Riverbend Landing Subdivision, Second Filing, said point being on the east line of Lake Beau Pre’ Subdivision;

            Thence proceed in a southerly then westerly direction along the east and south line of Lake Beau Pre’ Subdivision and Lake Beau Pre’ Townhomes, said south line of Lake Beau Pre’ and Lake Beau Pre’ Townhomes also being the north line of Tracts A, B and M-1-A of the BREC Farr Park, to the west right of way line of River Road;

            Thence proceed in a northerly direction along the west right of way line of River Road to the point of beginning.

            C. The purpose of the district shall be to aid in crime prevention and to add to the security of district residents by providing for an increase in the presence of law enforcement personnel in the district and to serve the needs of the residents of the district by funding beautification and improvements for the overall betterment of the district.

            D.(1) The district shall be governed by an eleven-member board of commissioners, referred to in this Section as the “board”. The board shall be composed as follows:

            (a) The president of Louisiana State University and Agricultural and Mechanical College shall appoint four members.

            (b) The board of directors of the Northgate Merchants Association shall appoint one member.

            (c) The board of directors of the Southgate Merchants Association shall appoint one member.

            (d) The member of the Louisiana House of Representatives whose district encompasses all or the greater number of property owners in the area of the district shall appoint one member.

            (e) The member of the Louisiana Senate whose district encompasses all or the greater number of property owners in the area of the district shall appoint one member.

            (f) A person appointed by each councilperson of the East Baton Rouge Metropolitan Council whose district, either wholly or in part, is included in the boundaries of the district.

            (2) Except for those members appointed by the president of Louisiana State University and Agricultural and Mechanical College, 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 initial terms as provided in this Subparagraph. Three members shall serve an initial term of one year, three shall serve two years, three shall serve three years, and two shall serve four years, as determined by lot at the first meeting of the board.

            (b) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Board members shall be eligible for reappointment.

            (4) The board shall elect from its members a chairman, a vice chairman, a secretary, a treasurer, and other officers as it may deem necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.

            (5) 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.

            (6) The board shall adopt 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 shall be provided for in the bylaws and may hold special meetings at the times and places within the district as may be prescribed in the bylaws.

            (7) 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. 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 improvements for the district; or to provide generally for the overall betterment of the district.

            F. The district, through the board, 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. The owner of the parcel shall be responsible for payment of the fee.

            (b) For purposes of this Section, the fee shall be a flat fee per parcel not to exceed four hundred dollars per year for unimproved parcels zoned residential, four hundred dollars per year for unimproved and improved single-family parcels zoned residential, six hundred dollars per year for multiple adjacent residential parcels housing a single family dwelling, five thousand dollars per year for multi-family parcels zoned residential, and five thousand dollars per year for unimproved and improved parcels zoned commercial.

            (2)(a) The initial amount of the fee shall be as provided in a duly adopted resolution of the governing authority of the district. The initial fee shall not exceed one hundred fifty dollars per parcel per year.

            (b) 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.

            (3) Not less than three years after approval of the parcel fee by a majority of registered voters of the district as provided in this Subsection, the governing authority of the district may increase the amount of the parcel fee one time without an election. The amount of the increased fee shall be as provided in a duly adopted resolution of the board, not to exceed two hundred fifty dollars per parcel per year. However, the amount of the increased fee shall not exceed the maximum amount provided in Subparagraph (1)(b) of this Subsection.

            (4) The parcel fee shall expire at the end of the term provided for in the proposition authorizing the fee, not to exceed fifteen 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 election as provided in Subparagraph (2)(b) of this Subsection. Any election to authorize the renewal of the fee shall be held for that purpose in accordance with the Louisiana Election Code. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing the renewal, not to exceed fifteen years.

            (5) The fee shall be collected at the same time and in the same manner as ad valorem taxes are collected by the sheriff, as ex officio tax collector, of the parish of East Baton Rouge. The sheriff shall collect and remit to the district all amounts collected. The district may enter into an agreement with the sheriff to authorize the sheriff to retain a collection fee not to exceed one percent of the amount collected.

            (6) 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.

            (7) No fee shall be imposed on any parcel owned by the East Baton Rouge Parish Housing Authority or its affiliated or subsidiary entities, including parcels subject to a ground lease by the East Baton Rouge Parish Housing Authority.

            G. The district is authorized to solicit and accept additional voluntary contributions and grants to further the purposes of the district.

            H.(1) The board of commissioners shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, La. Rev. Stat. 39:1301 et seq.

            (2) The district shall be subject to audit by the legislative auditor pursuant to La. Rev. Stat. 24:513.

            I.(1) It is the purpose and intent of this Section that the additional law enforcement personnel and their services provided for through the fees authorized in this Section shall be supplemental to and not in lieu of personnel and services provided in the district by the city of Baton Rouge, parish of East Baton Rouge.

            (2) If the district ceases to exist, any funds of the district shall be transmitted to the governing authority of the city Baton Rouge, parish of East Baton Rouge and shall be used for law enforcement purposes in the area which comprised the district.

            J.(1) The district shall indemnify its officers and board members to the fullest extent permitted by La. Rev. Stat. 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 the board member or officer derived an improper personal benefit.

            (3) To the fullest extent permitted by La. Rev. Stat. 9:2792 et seq., including La. Rev. Stat. 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 2023, No. 175, §1, eff. June 7, 2023.