§ 38:329.6 — St. Tammany Levee, Drainage, and Conservation District; powers and duties

Louisiana § 38:329.6

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§329.6. St. Tammany Levee, Drainage, and Conservation District; powers and duties
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 the Constitution of Louisiana, 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, R.S. 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 Article VI, Section 29(A) of the Constitution of Louisiana or any
other provision of law, nor shall any governing authority be subject to the rate limitation
provided for in R.S. 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 Article VI, Section
33 of the Constitution of Louisiana in the manner set forth in R.S. 39:551 et seq., and may
issue sales tax revenue bonds as provided for in R.S. 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.

Legislative History

Acts 2014, No. 303, §1, eff. May 28, 2014; Acts 2016, No. 430, §4.