Text: HF02404 Text: HF02406 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 403.17, subsection 9, Code 1997, is 1 2 amended to read as follows: 1 3 9. "Economic development area" means an area of a 1 4 municipality designated by the local governing body as 1 5 appropriate for commercial and industrial enterprises, public 1 6 improvements related to housing and residential development, 1 7 or construction of housing and residential development for low 1 8 and moderate income families, including single or multifamily 1 9 housing. If an urban renewal plan for an urban renewal area 1 10 is based upon a finding that the area is an economic 1 11 development area and that no part contains slum or blighted 1 12 conditions, then the division of revenue provided in section 1 13 403.19 and stated in the plan shall be limited to twenty years 1 14 from the calendar year following the calendar year in which 1 15 the city first certifies to the county auditor the amount of 1 16 any loans, advances, indebtedness, or bonds which qualify for 1 17 payment from the division of revenue provided in section 1 18 403.19. Such designated area shall not include land which is 1 19 part of a century farm, unless the owner of the century farm 1 20 agrees to include the century farm in the urban renewal area. 1 21 For the purposes of this subsection, "century farm" means a 1 22 farm in which at least forty acres of such farm have been held 1 23 in continuous ownership by the same family for one hundred 1 24 years or more. "Economic development area" does not include 1 25 real property assessed as agricultural property for purposes 1 26 of property taxation if the agricultural property is located 1 27 within an agricultural area created pursuant to section 352.6. 1 28 If all or a portion of an agricultural area is located within 1 29 an urban renewal area, the governing body of the urban renewal 1 30 area shall amend the urban renewal plan to sever that portion 1 31 of the urban renewal area which contains the agricultural 1 32 area. The plan shall be amended to sever the area without 1 33 regard to when the agricultural area or the urban renewal area 1 34 was established. 1 35 Sec. 2. Section 403.17, subsection 22, Code 1997, is 2 1 amended to read as follows: 2 2 22. "Urban renewal area" means a slum area, blighted area, 2 3 economic development area, or combination of the areas, which 2 4 the local governing body designates as appropriate for an 2 5 urban renewal project. An urban renewal area shall not 2 6 include any part of an area designated by ordinance as an 2 7 urban revitalization area pursuant to chapter 404. An urban 2 8 renewal area shall not include any part of an area designated 2 9 by ordinance as an urban revitalization area pursuant to 2 10 chapter 404 until three years after expiration of the property 2 11 tax exemption granted to qualified real estate in the urban 2 12 revitalization area. As of July 1, 1998, an exemption from 2 13 taxation granted pursuant to chapter 404 shall not be allowed 2 14 in that portion of an urban revitalization area which is 2 15 located in an urban renewal area. 2 16 Sec. 3. Section 403.19, subsection 3, Code 1997, is 2 17 amended to read as follows: 2 18 3. The portion of taxesmentioned in subsection 2 and2 19 allocated to the special fund into which they shall be paid, 2 20 may be irrevocably pledged by a municipality for the payment 2 21 of the principal and interest on loans, advances, bonds issued 2 22 under the authority of section 403.9, subsection 1, or 2 23 indebtedness incurred by a municipality to finance or 2 24 refinance, in whole or in part, the urban renewal project 2 25 within the area. That portion of taxes allocable to the 2 26 special fund which exceeds the amount certified pursuant to 2 27 subsection 5 shall be treated as taxes collected under 2 28 subsection 1 and disbursed by the treasurer as regular taxes. 2 29 Sec. 4. Section 403.19, subsection 5, Code 1997, is 2 30 amended to read as follows: 2 31 5. A municipality shall certify to the county auditor on 2 32 or before December 1 of each year the amount of loans, 2 33 advances, indebtedness, or bonds which qualify for payment 2 34 during the next fiscal year from the special fund referred to 2 35 in subsection 2, and the filing of the certificate shall make 3 1 it a duty of the auditor to provide for the division of taxes 3 2 in the amount certified for each subsequent fiscal year until 3 3 the amount of the loans, advances, indebtedness, or bonds is 3 4 paid to the special fund or until such time as specified in 3 5 section 403.17, subsection 9, or section 403.22, subsection 5. 3 6In any year, the county auditor shall, upon receipt of a3 7certified request from a municipality filed on or before3 8December 1, increase the amount to be allocated under3 9subsection 1 in order to reduce the amount to be allocated in3 10the following fiscal year to the special fund, to the extent3 11that the municipality does not request allocation to the3 12special fund of the full portion of taxes which could be3 13collected.The amount of loans, advances, indebtedness, or 3 14 bonds certified to the county auditor for payment in the next 3 15 fiscal year shall be only that amount due and payable in that 3 16 fiscal year. In addition, the certificate shall list each 3 17 project within an urban renewal area; the amount of loans, 3 18 advances, indebtedness, or bonds which qualify for payment 3 19 from the special fund for each project; the total of such 3 20 amount for each urban renewal area located in the 3 21 municipality; the expiration of the urban renewal area, if 3 22 applicable, or otherwise, the term of the indebtedness; and 3 23 any other information the auditor may require in order to 3 24 determine the amount to be allocated to subsection 2. Upon 3 25 receipt of a certificate from a municipality, the auditor 3 26 shall mail a copy of the certificate to each affected taxing 3 27 district. 3 28 Sec. 5. Section 403.19, subsection 6, Code 1997, is 3 29 amended by striking the subsection. 3 30 Sec. 6. Section 403.22, Code Supplement 1997, is amended 3 31 by adding the following new subsection: 3 32 NEW SUBSECTION. 7. For purposes of this section and 3 33 section 403.17, subsection 9, "public improvements" does not 3 34 include improvements that would otherwise be chargeable 3 35 against the property as a special assessment as provided in 4 1 sections 384.37 through 384.79 or sections 331.485 through 4 2 331.491. This subsection does not apply to construction of 4 3 housing and residential development for low and moderate 4 4 income families. This subsection does not apply to 4 5 improvements to property assessed as commercial or industrial 4 6 property. 4 7 Sec. 7. Section 404.2, subsection 2, paragraph a, Code 4 8 Supplement 1997, is amended to read as follows: 4 9 a. A legal description of the real estate forming the 4 10 boundaries of the proposed area along with a map depicting the 4 11 existing parcels of real estate. An urban revitalization area 4 12 shall not include any part of an area designated as an urban 4 13 renewal area pursuant to chapter 403. 4 14 Sec. 8. Section 404.3, subsection 6, Code 1997, is amended 4 15 to read as follows: 4 16 6. The tax exemption schedule specified in subsection 1, 4 17 2, 3, or 4 shall apply to every revitalization area within a 4 18 city or county unless a different schedule is adopted in the 4 19 city or county plan as provided in section 404.2. However, a 4 20 city or county shall not adopt a different schedule unless 4 21 every revitalization area within the city or county has the 4 22 same schedule applied to it, except in areas of the city or4 23county which have been designated as both urban renewal and4 24urban revitalization areas. In an area designated for both4 25urban renewal and urban revitalization, a city or county may4 26adopt a different schedule than has been adopted for4 27revitalization areas which have not been designated as urban4 28renewal areas. The different schedule adopted shall not 4 29 provide for a larger tax exemption in a particular year than 4 30 is provided for that year in the schedule specified in the 4 31 corresponding subsection of this section. 4 32 Sec. 9. This Act applies to urban renewal areas 4 33 established before, on, or after the effective date of this 4 34 Act. 4 35 EXPLANATION 5 1 This bill makes several changes to the urban renewal law. 5 2 The bill prohibits the location of any part of an urban 5 3 revitalization area in an urban renewal area and provides that 5 4 an area formerly designated as an urban revitalization area 5 5 may not be included in an urban renewal area until three years 5 6 after the expiration of the urban revitalization property tax 5 7 exemptions. The bill requires that of property taxes 5 8 collected from the urban renewal area only that portion 5 9 necessary to pay the amount of indebtedness due in the 5 10 subsequent fiscal year as certified by the municipality to the 5 11 county auditor may be retained by the municipality and 5 12 expended for purposes of the urban renewal area. The bill 5 13 also requires that more detailed information be included on 5 14 the certificates of indebtedness filed by the municipality 5 15 with the county auditor. 5 16 The bill provides that agricultural property located in an 5 17 agricultural area shall not be included in an urban renewal 5 18 area established as an economic development area. The bill 5 19 requires that an urban renewal plan shall be amended to sever 5 20 from an urban renewal area any land located in an agricultural 5 21 area. 5 22 The bill provides that public improvements for residential 5 23 development in an economic development area do not include 5 24 improvements that are otherwise payable by special assessment. 5 25 However, this restriction does not apply to residential 5 26 development for low and moderate income housing or to property 5 27 assessed as commercial or industrial. 5 28 The bill provides that a revitalization area not include 5 29 any area designated as an urban renewal area. 5 30 The bill further provides that as of July 1, 1998, an urban 5 31 revitalization tax exemption shall not be allowed in that 5 32 portion of an urban revitalization area which is located in an 5 33 urban renewal area. 5 34 The bill applies to urban renewal areas established before, 5 35 on, or after the effective date of the bill. 6 1 LSB 3476YH 77 6 2 sc/jl/8
Text: HF02404 Text: HF02406 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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