Text: SF00358 Text: SF00360 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 403.5, subsections 1 and 5, Code 1999, 1 2 are amended to read as follows: 1 3 1. A municipality shall not approve an urban renewal 1 4 project for an urban renewal area unless the governing body 1 5 has, by resolution, determined the area to be a slum area, 1 6 blighted area, economic development area or a combination of 1 7 those areas, and designated the area as appropriate for an 1 8 urban renewal project as the project is described in the urban 1 9 renewal plan establishing the urban renewal area. The local 1 10 governing body shall not approve an urban renewal plan until a 1 11 general plan for the municipality has been prepared. For this 1 12 purpose and other municipal purposes, authority is vested in 1 13 every municipality to prepare, to adopt and to revise from 1 14 time to time, a general plan for the physical development of 1 15 the municipality as a whole, giving due regard to the environs 1 16 and metropolitan surroundings. A municipality shall not 1 17 acquire real property for an urban renewal project unless the 1 18 local governing body has approved the urban renewalproject1 19 plan in accordance with subsection 4. 1 20 5. An urban renewal plan may be amended or modified at any 1 21 time: Provided, that. However, if the urban renewal plan is 1 22 amended or modified after the lease or sale by the 1 23 municipality of real property in the urban renewal project 1 24 area, such amendment or modification may be conditioned upon 1 25 such approval of the owner, lessee or successor in interest as 1 26 the municipality may deem advisable, and in any event such 1 27 amendment or modification shall be subject to such rights at 1 28 law or in equity as a lessee or purchaser, or a lessee's or 1 29 purchaser's successor or successors in interest, may be 1 30 entitled to assert. 1 31 PARAGRAPH DIVIDED. The municipality shall comply with the 1 32 notification and consultation process provided in this section 1 33 prior to the approval of any amendment or modification to an 1 34 adopted urban renewal plan if such amendment or modification 1 35 provides for refunding bonds or refinancing resulting in an 2 1 increase in debt service or provides for the issuance of bonds 2 2 or other indebtedness, to be funded primarily in the manner 2 3 provided in section 403.19. 2 4 An urban renewal plan shall not be amended or modified to 2 5 add a project to the scope of activities identified in the 2 6 plan. Urban renewal activities in an urban renewal area are 2 7 defined and limited by the scope of activities contained in 2 8 the original urban renewal plan adopted by the municipality. 2 9 If an urban renewal plan is amended or modified and the 2 10 amendment or modification to the plan provides for the 2 11 addition of territory to the urban renewal area, the 2 12 assessment year established for the purposes of dividing 2 13 revenue under section 403.19 shall be that determined pursuant 2 14 to section 403.19, subsection 7. 2 15 Sec. 2. Section 403.5, subsection 2, unnumbered paragraph 2 16 1, Code 1999, is amended to read as follows: 2 17 The municipality may itself prepare or cause to be prepared 2 18 an urban renewal plan; or any person or agency, public or 2 19 private, may submit such a plan to a municipality. Prior to 2 20 its approval of an urban renewal plan, the local governing 2 21 body shall submit such plan to the planning commission of the 2 22 municipality, if any,forto reviewand recommendations as to2 23its conformitywhether the plan and the projects described in 2 24 the plan conform with the general plan for the development of 2 25 the municipality as a whole. The planning commission shall 2 26 submititswritten recommendations with respect to the 2 27 proposed urban renewal plan to the local governing body within 2 28 thirty days after receipt of the plan for review. Upon 2 29 receipt of the recommendations of the planning commission or, 2 30 if no recommendations are received within the thirty days, 2 31 then, without such recommendations, the local governing body 2 32 may proceed with the hearing on the proposed urban renewal 2 33 plan prescribed by subsection 3. 2 34 Sec. 3. Section 403.5, subsection 4, Code 1999, is amended 2 35 by adding the following new paragraph: 3 1 NEW PARAGRAPH. c. The urban renewal plan describes the 3 2 projects to be undertaken by the municipality in the urban 3 3 renewal area. 3 4 Sec. 4. Section 403.19, subsection 3, Code 1999, is 3 5 amended to read as follows: 3 6 3. The portion of taxesmentioned in subsection 2 and3 7 allocated to the special fund into which they shall be paid, 3 8 may be irrevocably pledged by a municipality for the payment 3 9 of the principal and interest on loans, advances, bonds issued 3 10 under the authority of section 403.9, subsection 1, or 3 11 indebtedness incurred by a municipality to finance or 3 12 refinance, in whole or in part, the urban renewal project 3 13 within the area. That portion of taxes allocable to the 3 14 special fund which exceeds the amount certified pursuant to 3 15 subsection 5 shall be treated as taxes collected under 3 16 subsection 1 and disbursed by the treasurer as regular taxes. 3 17 Sec. 5. Section 403.19, subsection 5, Code 1999, is 3 18 amended to read as follows: 3 19 5. A municipality shall certify to the county auditor on 3 20 or before December 1 of each year the amount of loans, 3 21 advances, indebtedness, or bonds which qualify for payment 3 22 during the next fiscal year from the special fund referred to 3 23 in subsection 2, and the filing of the certificate shall make 3 24 it a duty of the auditor to provide for the division of taxes 3 25 in the amount certified for each subsequent fiscal year until 3 26 the amount of the loans, advances, indebtedness, or bonds is 3 27 paid to the special fund.In any year, the county auditor3 28shall, upon receipt of a certified request from a municipality3 29filed on or before December 1, increase the amount to be3 30allocated under subsection 1 in order to reduce the amount to3 31be allocated in the following fiscal year to the special fund,3 32to the extent that the municipality does not request3 33allocation to the special fund of the full portion of taxes3 34which could be collected.The amount of loans, advances, 3 35 indebtedness, or bonds certified to the county auditor for 4 1 payment in the next fiscal year shall be only that amount due 4 2 and payable in that fiscal year. In addition, the certificate 4 3 shall list each project within an urban renewal area; the 4 4 amount of loans, advances, indebtedness, or bonds which 4 5 qualify for payment from the special fund for each project; 4 6 the total of such amount for each urban renewal area located 4 7 in the municipality; the date of expiration of the urban 4 8 renewal area, if applicable, or otherwise, the term of the 4 9 indebtedness; and any other information the auditor may 4 10 require in order to determine the amount to be allocated to 4 11 subsection 2. Upon receipt of a certificate from a 4 12 municipality, the auditor shall mail a copy of the certificate 4 13 to each affected taxing district. 4 14 Sec. 6. Section 403.19, subsection 6, Code 1999, is 4 15 amended by striking the subsection. 4 16 Sec. 7. Section 403.19, Code 1999, is amended by adding 4 17 the following new subsection: 4 18 NEW SUBSECTION. 7. If an urban renewal plan is amended or 4 19 modified and the amendment or modification to the plan 4 20 provides for the addition of territory to the urban renewal 4 21 area, the assessment year for purposes of dividing revenue 4 22 under this section shall be reestablished for the entire urban 4 23 renewal area as the assessment year beginning January 1 of the 4 24 calendar year preceding the calendar year in which the 4 25 municipality adopted the amendment or modification. 4 26 Sec. 8. This Act applies to urban renewal areas 4 27 established before, on, or after July 1, 1999. Sections 4, 5, 4 28 and 6 of this Act, amending section 403.19, subsections 3, 5, 4 29 and 6, apply to amounts certified for purposes of urban 4 30 renewal and taxes due and payable for the fiscal year 4 31 beginning July 1, 2000. 4 32 EXPLANATION 4 33 This bill makes several changes to the urban renewal law. 4 34 The bill requires that the scope of activities included in 4 35 the urban renewal plan contain a description of the projects 5 1 contemplated by the plan. The bill also prohibits amendment 5 2 or modification of an urban renewal plan to add a project not 5 3 included in the original plan. 5 4 The bill provides that if an urban renewal plan is amended 5 5 or modified to add territory to the area, the assessment year 5 6 for purposes of tax increment financing will be reestablished 5 7 for the entire urban renewal area. 5 8 The bill requires that of property taxes collected from the 5 9 urban renewal area only that portion necessary to pay the 5 10 amount of indebtedness due in the subsequent fiscal year as 5 11 certified by the municipality to the county auditor may be 5 12 retained by the municipality and expended for purposes of the 5 13 urban renewal area. The bill also requires that more detailed 5 14 information be included on the certificates of indebtedness 5 15 filed by the municipality with the county auditor. 5 16 The bill applies to urban renewal areas established before, 5 17 on, or after the effective date of the bill. 5 18 LSB 1492XS 78 5 19 sc/gg/8
Text: SF00358 Text: SF00360 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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