In what could be considered of symbolic significance only, the Lafayette City-Parish Council Tuesday will vote on an introductory ordinance that would bar the council from future votes on establishing tax increment financing, or TIF, districts. The ordinance, sponsored by tea party-friendly Councilmen William Theriot and Jared Bellard, would prohibit the council from considering or placing on its agenda “any matter that includes a proposal to levy property taxes in excess of what the constitution authorizes to be levied without a vote of the people and all proposals to renew, levy a new or increase an existing sales and use tax unless such proposal is submitted to the voters for approval in accordance with the election laws of the state ...”
The ordinance is a response to the recent controversy over developer Glenn Stewart’s swanky Parc Lafayette project for which an ordinance proposing a TIF to bankroll the project was later pulled following intense opposition mainly from the Tea Party of Lafayette. Theriot and Bellard courted TPL members at a recent forum, receiving hearty applause when they announced the anti-TIF ordinance.
However, Mike Hebert, chief counsel for Lafayette Consolidated Government, doubts the ordinance could meet legal muster because runs counter to state law, which grants municipalities the right to create TIF districts in which additional taxes are levied without a public vote. Currently, the Lafayette Home Rule Charter includes a clause preventing the levying of a tax without a vote of the people — in effect, local law and state law are in opposition.
Hebert crafted the ordinance at Theriot’s request, but Hebert also includes a caveat in his confirmation letter to the councilman: “I believe the only mechanism available to enforce this kind of prohibition would be to adopt it as a council policy,” Hebert writes. “I do not believe that the council could pass a local ordinance generally declaring any tax increase without a vote of the people to be illegal, for that is a matter that would likely be considered to be preempted by state law.”
A TIF district was used to fund the infrastructure at the Target-anchored shopping center on Louisiana Avenue at Interstate 10. An additional penny in sales tax is charged by merchants at the shopping center; that additional revenue funds the infrastructure. The state TIF law was created to help cities jump start development in blighted or under-served areas. Stewart’s Parc Lafayette TIF created such a stir in large part because it would have helped the developer fund a high-end shopping center in the most commercially desirable area of Lafayette.
A plan last year floated by the Durel administration to create TIF districts along Ambassador Caffery and elsewhere on the south side of Lafayette was also abandoned.
"Mike Hebert, chief counsel...doubts the ordinance could meet legal muster" -------------------
Yes, it is a sad day when the voters get to decide on taxes.:-)
... written by ragin_cajun , April 05, 2011 - 05:44 pm
Mike Hebert is not a judge, so his legal opinion doesn't hold weight. Other attorneys would say that there is a solid case to be made that Lafayette's Charter invalidates the Council from passing a sales or use tax without voter approval already. This has not been settled yet in State Courts, so Hebert's opinion on this is nothing more than the opinion of some attorney. Opinions vary, and only those of courts matter.
However, I think it is very important to get each councilman's vote on this on the record because this is an election year. This will be an issue in the council elections.
... written by Parish Pal , April 05, 2011 - 06:45 pm
Everyone's vote for everything is IMPORTANT-- Ragin_Cajun. But for the life of me I can't figure out why you like to make threats against public servants about it being an election year. Dare not forget that on the Northside- the citizens BEGGED for a TIF!!!! And I do mean BEG! I believe we should all vote, do community service, and pay taxes--- but passing this ordinance quashes areas where a TIF is requested by the voters themselves. Let the people uprise as they did with the Parc development-- rather than have nine men make the decision for many more!!!! Think about it RC--- the road goes both ways!!!!!
... written by ragin_cajun , April 05, 2011 - 07:23 pm
Threats? How is it a "threat" to say that a politician's voting record be used by voters to determine if they want to re-elect him? That's not a threat, that's how it's actually SUPPOSED to work. You look at your representative's voting record before an election, don't you?
The charter is very clear that the people will vote on tax increases in Lafayette. This ordinance is a re-statement of what's already in the charter. Like I said, a very solid case could be built to oppose the legality of the TIF districts in Lafayette because of this--regardless of what Hebert says.
... written by POLITICAL OBSERVER , April 05, 2011 - 07:55 pm
From a policy standpoint, a TIF should not be imposed without voter approval. On the other hand, Mike Hebert does know what he is doing and is probably and presumptively correct that a local ordinance cannot be in contradiction of state law.
... written by Southsider , April 06, 2011 - 01:14 am
The ordinance, sponsored by tea party-friendly Councilmen William Theriot and Jared Bellard.
Go figure. ANOTHER example of consolidation not working. Two councilmen, NOT from lafayette, sponsoring an ordinance that has nothing to do with either of their districts, but the proposed TIF was in the city of lafayette limits and they get to vote on it!
... written by ragin_cajun , April 06, 2011 - 12:06 pm
Don Bertrand introduced an ordinance to ban go cups downtown. Downtown is not HIS district, it's Brandon Shelvin's, and Shelvin opposed it. Then when it didn't pass, Don got the business owners together and had a second go at it.
Theriot and Bellard are from Lafayette. They the same right to vote on laws in the City that Bertand has to vote on laws in another councilman's district.
... written by Parish Pal , April 06, 2011 - 02:13 pm
RC--- there seems to be some underlying anger issues with you! Always on someone---- this is America afterall------ parish and city equate to the goose and gander!
... written by Compassionate One , April 06, 2011 - 05:52 pm
There goes RC again....trying to confuse everyone with LOGIC!
... written by Southsider , April 07, 2011 - 12:41 am
Theriot and Bellard are from Lafayette. They the same right to vote on laws in the City that Bertand has to vote on laws in another councilman's district.
HUH? Neither represent city of lafayette. They represent their own districts.
... written by NORTHSIDIAN SHOTGUN , April 07, 2011 - 03:26 am
There goes R_C again, he is using logic and "CONFUSING, the ding-a-lings. You can lead the stubborn couillions to the trough but you can't make them drink.
... written by ragin_cajun , April 07, 2011 - 01:25 pm
"ding-a-lings"
That's hilarious!! I love it. I haven't heard that word in years.
... written by James Melancon , April 07, 2011 - 05:25 pm
Southsider "The ordinance, sponsored by William Theriot and Jared Bellard. Two councilmen, NOT from lafayette, sponsoring an ordinance that has nothing to do with either of their districts" ---------------
It is a parish council or legislative branch of the parish. A congressmen in Iowa votes on a something affecting Louisiana and vise a versa. Please educate yourself.
... written by City resident , April 07, 2011 - 07:36 pm
I think Rc and others are missing the point. A TIF will be legal in Youngsville ( theriot) and Scott (bellard) putting the city of Lafayette (north and south) at a disadvantage. In other words, a development would have certain tax advantages by locating out of the city (their districts). Doesn't seem fair to me!
... written by holeinthedonut8 , April 08, 2011 - 02:05 am
Any simpleton can see that these two are grandstanding and posturing by pitching hot-button issues for publicity sake an nothing else. They'd move us into caves if it upheld their hypocritical ideology.
... written by The Original Northsidian , April 08, 2011 - 05:53 pm
Tifs have morphed into a legal way to help the politically connected make more money. This is not what TIFs were intended to be. Also why is no one asking about the LOW PROPERTY TAXES that the power elite are paying on vacant property in the city.
... written by NORTHSIDIAN SHOTGUN , April 11, 2011 - 01:15 am
Well O. N. Its like during Prohibition, Ya jus don't pay taxes on sheeet, ya stole. There is a law of limitations, enacted by the nations first thieves, this was undertaken by a select group of master scoundrels who wrote the most flexible Constituition and they themselfs fought against taxes. Remember, the "Boston Tea Party ? Yep when it hit their pocketbook they took up arms, they had enough with taxes on their companys goods by the English, Thats when "Men were men, and Women were women, no candyasses back then "." Where have all the boys gone, there are no men, to be found.
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Yes, it is a sad day when the voters get to decide on taxes.:-)