Text: SF00358                           Text: SF00360
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Senate File 359

Partial Bill History

Bill Text

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 renewal project
  1 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, for to review and recommendations as to
  2 23 its conformity whether 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 submit its written 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 taxes mentioned in subsection 2 and
  3  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 auditor
  3 28 shall, upon receipt of a certified request from a municipality
  3 29 filed on or before December 1, increase the amount to be
  3 30 allocated under subsection 1 in order to reduce the amount to
  3 31 be allocated in the following fiscal year to the special fund,
  3 32 to the extent that the municipality does not request
  3 33 allocation to the special fund of the full portion of taxes
  3 34 which 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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