| Summary |
The bill creates a process for the establishment of a county
revitalization authority (authority). An authority is a corporate body that
uses tax increment and private financing to conduct a county
revitalization project (project) in a revitalization area in accordance with
a county revitalization plan.
A county revitalization plan (plan) is a plan for the project. A plan
must be: Reviewed by the county planning commission, the subject of a
public hearing, and approved by the board of county commissioners (the
governing body). Any modifications to the plan must also be approved by
the governing body. A plan may provide for tax increment financing.
An authority may not undertake a project unless, based on
evidence presented at a public hearing, the governing body by resolution
has both determined that the area where the authority will undertake the
project is a revitalization area and designated the area as appropriate for
the project. A revitalization area is an area that, upon the implementation
of a plan, could substantially promote the sound growth of the county,
improve economic and social conditions, and further the health, safety,
and well-being of the public.
The creation of an authority may be initiated by the registered
electors of a county filing a petition with the governing body or by the
governing body adopting a resolution. In either case, there is a public
hearing and, after that hearing, the governing body determines whether
to create the authority. If a governing body decides to create an authority,
the governing body appoints the authority commissioners, except for
commissioners who are appointed by and as representatives of special
districts and school districts that have joined the authority.
Any taxing entity, other than the county itself, that levies taxes in
an area that would fall under the plan proposed by an authority may file
a petition with the authority requesting to join the authority. The authority
shall hold a hearing to determine whether to allow the taxing entity to join
the authority.
An authority may:
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Undertake projects;
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Agree with the county or other relevant public body to
plan, replan, zone, or rezone any part of the county or other
public body in connection with a project;
•
Make bylaws, orders, rules, and regulations;
•
Make and execute contracts;
•
Acquire property by purchase, lease, option, gift, grant,
devise, condemnation, or eminent domain;
•
Dedicate property acquired by the authority for public
works, improvements, facilities, utilities, and other
purposes;
•
Mortgage, pledge, hypothecate, or otherwise encumber or
dispose of its property;
•
Set aside, dedicate, and devote project real property to
public uses in accordance with the plan or set aside,
dedicate, and transfer real property to an appropriate public
body for public uses in accordance with the plan;
•
Sell, lease, or otherwise transfer real property or any
interest therein acquired by the authority as part of a
project;
•
Insure any of its properties or operations;
•
Invest any of its money in the same manner as a public
body;
•
Issue bonds;
•
Borrow money and apply for and accept loans, grants, and
contributions;
•
Make appropriations and expenditures of its funds;
•
Establish and maintain general, separate, or special funds
and bank accounts; and
•
Make reasonable relocation payments to individuals,
families, and business concerns situated in the county
revitalization area that will be displaced by the authority.
An authority does not have any power to levy or assess ad valorem
taxes, personal property taxes, or any other forms of taxes, including
special assessments against any property.
The bill also makes conforming amendments.
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