Bonnet Carre Spillway Opening - Declaration of Emergency - 06/06/2019

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EXECUTIVE ORDER DECLARING PARISH-WIDE STATE OF EMERGENCY

See the attached Declaration of Emergency for full details. Download

Tangipahoa Parish Government Emergency Operations Center
Executive Order
Emergency Operations Center Contact: 985-748-9602

EXECUTIVE ORDER DECLARING PARISH-WIDE STATE OF EMERGENCY AS PER THE LOUISIANA HOMELAND SECURITY AND EMERGENCY ASISTANCE AND DISASTER ACT, LA. REV. STAT. 29:721, ET SEQ. AS TO THE EFFECTS OF THE OPENING OF THE BONNET CARRE SPILLWAY.

WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, La. Rev. Stat. 29:721, et seq., confers upon the Governor of the State of Louisiana and parish presidents emergency powers to prepare and cope with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or manmade causes, in order to ensure that preparations will be adequate to cope with such emergencies or disasters and to preserve the lives and property of the people of the State of Louisiana; and

WHEREAS, when the Parish President determines that a disaster or emergency has occurred, or the threat thereof is imminent, La. Rev. Stat. 29:727 empowers her to declare a state of emergency by executive order of proclamation; and

WHEREAS, Tangipahoa Parish and its citizen have suffered as a result of coastal land loss and environmental degradation over the past century, and its currently being threatened with the exacerbation of costal land loss and environmental degradation; and

WHEREAS, the Bonnet Carre Spillway has been opened for an unprecedented second time in a matter of months, likely causing a further increase in the influx of freshwater into the Parish's estuaries and waterways; and

WHEREAS, commercial fisherman in Tangipahoa Parish have seen a decline in seafood harvesting since the opening of the Bonnet Carre Spillway; and

WHEREAS, Tangipahoa Parish recognizes the importance and need for flood control measures, including the opening of the Bonnet Carre Spillway, taken as a result of the unprecedented flood on the Mississippi River;

and

WHEREAS, as a result of the impact of the opening of the Bonnet Carre Spillway, Robby Miller, as Parish President of Tangipahoa Parish, heretofore invokes all rights and duties afforded him under La. Rev. Stat. 29:721 et seq. and 29:727 (D) and all other applicable statues and regulations, until further notice; and

WHEREAS, Tangipahoa Parish Government, through Robby Miller, as Parish President, is empowered to take all necessary measures to ensure the continued safety, health and welfare of the citizens of Tangipahoa Parish, as per law; and.

WHEREAS, the effect of the emergency upon all of Tangipahoa's people and property requires action by Tangipahoa Parish Government to offset the irreparable damages caused by the opening of the Bonnet Carre Spillway; and

WHEREAS, continued action by the Tangipahoa Parish Government is mandatory to fulfill the needs of the people of this Parish until such time as the state of emergency of the Parish has subsided.

IT IS ORDERED that pursuant the Louisiana Homeland Security and Emergency Assistance and Disaster Act, La. Rev. Stat. 29:271, et seq., specifically La. Rev. Stat. 29:727 (D), a Parish-wide state of emergency is declared as a result of the opening of the Bonnet Carre Spillway which has created emergency conditions that threaten the safety of the citizens of this Parish; and

IT IS FURTHER ORDERED that Robby Miller, as Parish President, maintains the authority to assume total control of the Parish including, but, not limited to all private and public properties and utilities necessary to ensure the safety, health and welfare of the citizens and property of this Parish and to issue all necessary orders; and

IT IS FURTHER ORDERED that the Office of the Parish President invokes all rights and remedies afforded it under all the laws and constitutions of the United States and State of Louisiana; and

IT IS FURTHER ORDERED that the Office of the Parish President invokes all rights and remedies afforded it under Louisiana Revised Statues; and

IT IS FURTHER ORDERED that the Office of the Parish President invokes all rights and remedies afforded it under Tangipahoa Parish Code of Ordinances; and

IT IS FURTHER ORDERED that any person or entity who interrupts or interferes with the control of the Parish and/or Parish President shall be prosecuted to the fullest extent of the law.

IT IS FURTHER ORDERED that the state of emergency shall be effective from June 6, 2019 until terminated and that our Emergency Operations Plans be activated and that Dawson K. Primes LEM be hereby designated as the point of contact and can re reached at 985-748-9602 or 985-974-7977 or dprimes@tangipahoa.org.

At Amite, this 6th day of June, 2019 at 0800 a.m.

See the attached Declaration of Emergency for full details. Download

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