Louisiana Revised Statutes 38:329.6 – A.(1) The St. Tammany Levee, Drainage, and Conservation District shall constitute a political subdivision of the state of Louisiana within the meaning of Article VI, Section 44 of th
Terms Used In Louisiana Revised Statutes 38:329.6
- Board of commissioners: means a group of persons appointed under the provisions of law to exercise certain authorities over and have oversight and control of a levee district or levee and drainage district. See Louisiana Revised Statutes 38:281
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Levee district: means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, and all other things incidental thereto within its territorial limits. See Louisiana Revised Statutes 38:281
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Personal property: All property that is not real property.
A.(1) The St. Tammany Levee, Drainage, and Conservation District shall constitute a political subdivision of the state of Louisiana within the meaning of La. Const. Art. VI, § 44 , and may issue bonds and levy taxes for the payment of principal and interest thereon as provided in this Subsection.
(2) The district may levy taxes, incur debt, and otherwise raise revenue as provided in Article VI, Sections 39 and 40 of the Constitution of Louisiana and in any manner provided by law for levee districts.
(3)(a) The district may levy a sales and use tax at a rate not to exceed one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of tangible personal property and on sales of services, all as defined and provided in the Uniform Local Sales Tax Code, La. Rev. Stat. 47:337.1 et seq., if approved by a majority of electors voting thereon in an election held for that purpose provided that any election shall be held only within the district.
(b) The tax authorized by this Paragraph shall not be subject to the combined rate limitation established in La. Const. Art. VI, § 29(A) or any other provision of law, nor shall any governing authority be subject to the rate limitation provided for in La. Rev. Stat. 47:338.54 because of any tax levied pursuant to the provisions of this Section. The authority granted in this Paragraph shall not limit any taxing authority granted to any other political subdivision by any other provision of law.
(c) Nothing shall prohibit the district from expending tax funds directly for tidal flood control projects within the district.
(4) The district may issue general obligation bonds as defined in La. Const. Art. VI, § 33 in the manner set forth in La. Rev. Stat. 39:551 et seq., and may issue sales tax revenue bonds as provided for in La. Rev. Stat. 39:698.1 et seq.
B. The district shall have all the rights and powers conferred by Chapter 4 of Title 38 of the Louisiana Revised Statutes of 1950, as amended, together with such additional rights and powers as may be granted by the legislature.
C. The management and control of the district shall be vested in the board of commissioners of the St. Tammany Levee, Drainage, and Conservation District. In addition to any other powers and duties provided by law, the primary duty of the board shall be to establish, construct, operate, or maintain flood control works related to hurricane protection, tidewater flooding, saltwater intrusion, and conservation. Additionally, the board may establish flood control, adequate drainage relating to tidal or riverine flooding, and water resources development including the construction of reservoirs, diversion canals, gravity and pump drainage systems, erosion control measures, and marsh management. The board may construct and maintain drainage works of all types related to tidewater flooding, hurricane protection, conservation, and saltwater intrusion, either in cooperation with one or more parishes, municipalities, levee districts, drainage districts, or other special districts within its jurisdiction, or upon its own undertaking, provided that no action or work undertaken by the district shall violate the master plan of the Coastal Protection and Restoration Authority or any statewide drainage and flood control plan administered by the Department of Transportation and Development.
D.(1) The board may enter into contracts and agreements of any nature for the purposes of this Chapter with any person, corporation, association, or other entity, including a public corporation, a port authority, the state and its agencies, a levee district, a parish, another political subdivision, the United States and its agencies, or any combination thereof, or with an instrumentality of any kind to carry out the purposes of and the powers granted in this Chapter.
(2) In seeking any request for proposals for professional engineering services, the board shall make every effort to utilize engineering companies located in St. Tammany Parish.
(3) Any contract or agreement entered into by the board shall comply with state law and public policy of the state.
E. The board may enter into contracts or other agreements with any person or entity concerning the providing of lands, servitudes, rights-of-way, and relocations, and may engage jointly in the exercise of any power to include the construction, operation, and maintenance of any facilities and improvements for the purpose of the projects under this Chapter.
F. The board may construct and maintain drainage works of all types related to tidewater flooding, hurricane protection, conservation, and saltwater intrusion, either in cooperation with one or more parishes, municipalities, drainage districts, or other special districts within its jurisdiction, or upon its own undertaking.
G. The board may buy and sell property, make and execute contracts, and perform any and all things necessary to carry out the objects of this Chapter, subject to the limitations and duties provided in this Section.
H. No action or work undertaken by the board or contract or agreement entered into by the board shall violate the master plan of the Coastal Protection and Restoration Authority Board or any statewide drainage and flood control plan administered by the Department of Transportation and Development.
Acts 2014, No. 303, §1, eff. May 28, 2014; Acts 2016, No. 430, §4.