Louisiana § RS 38:1804 - Existing gravity drainage districts; powers; bonds; taxes

§ RS 38:1804. Existing gravity drainage districts; powers; bonds; taxes

A.  In addition to the powers and authority heretofore provided by law and notwithstanding provisions of any other law to the contrary, any gravity drainage district existing on the effective date of this Section and with the boundaries as they exist on the effective date of this Section is hereby vested with full power and authority, acting through its governing authority, to:

(1)  Drain lands in said district by the construction, maintenance, and operation of gravity and/or forced drainage facilities, including drains, drainage canals, ditches, pumps, and pumping plants, dikes, levees, and other related works.  

(2)  Incur debt and issue general obligation bonds of the district for the purpose of constructing said gravity and/or forced drainage facilities and acquiring the necessary lands, equipment and machinery therefor.  The bonds shall be secured by and payable from ad valorem taxation and may be issued to an amount not exceeding the debt limit established for the issuance of general obligation bonds by R.S. 39:562 and in the manner provided for the issuance of bonds by other political subdivisions under the provisions of Subpart A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950 and other constitutional and statutory authority supplemental thereto.  Such bonds shall be issued only after being approved at an election ordered by its governing authority and held in accordance with the provisions of Part II, Chapter 4, Title 39 of the Louisiana Revised Statutes.  

(3)  Levy special taxes on all the property within such district for the purpose of maintaining, operating, constructing, and improving the drainage works in such district in the manner authorized by Article VI, Section 32 of the Louisiana Constitution of 1974, after having been authorized to do so at a special election held in accordance with the provisions of Part II, Chapter 4, Title 39 of the Louisiana Revised Statutes.  

(4)  Expropriate property for the purpose of acquiring sites for pumping stations and land for any other necessary public purposes of the district; provided, however, the district shall not have the right to expropriate minerals or mineral rights.  

(5)  Acquire machinery and maintain pumping plants or any machinery whatever that may be found necessary for the purpose of draining any of the lands embraced within the district.  

(6)  Cut and open any drains and canals and open, deepen and enlarge natural drains within or without the district and perform all work in connection therewith which may be deemed necessary to provide drainage for the lands in the district, and perform all other acts necessary to drain the land in the district and maintain the drainage when established.  

(7)  To cooperate with and enter into cooperative agreements and arrangements with agencies of the United States of America, the state of Louisiana and its various departments and political subdivisions, on a matching fund or any other basis in any drainage projects.  Purchase servitudes and rights-of-way for their own uses or for the use of any state or federal agency with which they may cooperate in connection with some work of improvement.  

(8)  Accept gifts and grants of money, property or services.  

(9)  Extend canals or ditches or both canals and ditches beyond the limits of the district for the purpose of securing a proper outlet for the waters of the district.  

B.  The authority herein granted may be exercised and the works of improvement herein authorized may be constructed within or without the limits of the district so long as they inure to the direct benefit of the district and the inhabitants thereof.  

C.  The powers, rights, and authority granted by this Section shall be in addition to any powers now or hereafter conferred on the district by the provisions of this Part and shall not be limited or restricted by any other provisions of law.  

Added by Acts 1977, No. 741, §1, eff. July 21, 1977.