§9039.109. Taxation; inducements; fees and charges

A.(1) With the written approval of any participating parish or municipality, by resolution adopted by its governing authority, the district may exercise the power of taxation available to any other political subdivision of the state, including sales and use taxes and ad valorem taxes, and any other tax specifically authorized in this Chapter or implement a tax reduction or total tax suspension in conjunction with a corresponding new tax which shall not be in excess of such reduction or suspension, provided the levy, reduction, or suspension, or any combination thereof is approved by the majority of qualified electors residing and voting in the district and by a majority of qualified electors residing and voting in each participating municipality and parish in the district, at a congressional primary election or gubernatorial primary election.

(2) The electorate may be asked to levy a tax which is offset by a reduction in or partial or total suspension of an existing tax. In relation thereto, any public entity may agree to reduce or partially or totally suspend taxes it levies in the district through cooperative endeavor and local services agreement with the district. However, if the levy of the tax by the public entity was subject to approval at an election, the public entity may enter into a cooperative endeavor or local services agreement for such reduction or suspension only after the issue is approved by the majority of qualified electors residing and voting in the public entity at an election held as provided in Paragraph (1) of this Subsection or in accordance with the Louisiana Election Code as called by the public entity.

(3) No such call for a tax election shall be authorized until a public hearing shall be held after publication of a notice thereof, which shall include the proposed tax proposition, in the official journal of the district and the official journal of each municipality and parish of the district at least fourteen days and no more than thirty days prior to the hearing.

(4) As part of any tax proposed by the district, overhead and administrative expenses shall be limited to fifteen percent.

B. As part of any transaction involving the district and a private entity and in the event the private entity advances project costs to be reimbursed by the district, the district may negotiate and execute a cooperative endeavor agreement committing a percentage of new tax receipts to be shared to reimburse such advances.

C. The district may fix and revise from time to time and charge and collect rates, rents, fees, and charges for the use of and for the services furnished or to be furnished by a project of the district or any portion thereof, and to contract with any other person, partnership, association, or corporation or other body, public or private entity in respect thereto. In no event shall a district impose any fee or user charge that exceeds the cost of the service furnished or to be furnished.

D. The district may finance projects as provided in Chapter 27 of this Title, and the district shall have the powers of an economic development district set forth in Part II thereof.

E. The district shall not levy, impose, increase, decrease, or remove any tax or fee which will result in the reduction, exclusion, or exemption of any tax or fee levied or imposed by a municipality or parish within the district without the prior approval of the municipality or parish through the adoption of a resolution by its governing authority.

Acts 2006, No. 839, §1, eff. July 5, 2006.