(1) (a) Any twenty-five
registered electors of a county may file a petition with the governing body or its
designee, or the governing body may adopt a resolution, setting forth that there is a
need for a county revitalization authority in the county.
(b) (I) Upon the filing of a petition or the adoption of a resolution described in
subsection (1)(a) of this section, a county shall give notice of the time, place, and
purpose of a public hearing where the governing body will determine the need for
the county revitalization authority in the county. This notice must also include a
general description of the land that would be part of the county revitalization area.
The county must give this notice to every municipality within three miles of the
proposed authority at least thirty days before the hearing.
(II) A county shall provide the notice described in this subsection (1)(b) at its
own expense by publishing the notice at least thirty days preceding the day on
which the hearing is to be held in a newspaper having a general circulation in the
county or, if there is no such newspaper, by posting the notice in at least three
public places within the county at least thirty days preceding the day on which the
hearing is to be held.
(III) At the hearing held pursuant to the notice described in this subsection
(1)(b), the governing body shall grant a full opportunity to be heard to all county
residents, taxpayers, municipalities within three miles of the proposed authority,
and other interested persons.
(c) After the hearing held pursuant to the notice described in subsection
(1)(b) of this section, the governing body shall adopt a resolution finding a need for
and creating the county revitalization authority if the governing body:
(I) Determines that there are one or more revitalization areas in the county
outside of existing urban renewal authorities;
(II) Determines that the acquisition, clearance, rehabilitation, conservation,
development, redevelopment, or any combination thereof of such revitalization
areas is necessary and in the interest of the public health, safety, or welfare of the
county residents; and
(III) Declares it to be in the public interest that the county revitalization
authority be created and exercises the powers provided in this article 31.
(d) (I) If the governing body adopts a resolution in accordance with
subsection (1)(c) of this section, the governing body shall appoint authority
commissioners as provided in subsection (2) of this section.
(II) If the governing body, after a hearing held pursuant to subsection (1)(b) of
this section, determines that it cannot make the determinations and declaration
enumerated in subsection (1)(c) of this section, it shall adopt a resolution denying
the petition filed pursuant to subsection (1)(a) of this section. Only beginning six
months after the denial of such a petition may registered electors file subsequent
petitions with the governing body or its designee, setting forth that there is a need
for the county revitalization authority in the county.
(2) (a) (I) An authority consists of no fewer than three and no more than eight
authority commissioners.
(II) (A) If at least one taxing entity has joined the authority pursuant to
subsection (6) of this section, one authority commissioner must be a board member
of a special district selected by agreement of the special districts levying a mill
levy within the boundaries of the county revitalization authority area that have
joined the county revitalization authority.
(B) If no special district appoints an authority commissioner, then the special
district appointment remains vacant until the applicable appointing authority
makes the appointment pursuant to this subsection (2)(a).
(III) If the governing body appoints an even number of authority
commissioners, the governing body shall designate an authority commissioner as
the authority commissioner who casts the deciding vote in the case of an otherwise
tie vote.
(b) (I) Authority commissioner terms are for four years; except that the
governing body shall assign terms of four years or fewer for the initial authority
commissioners so that authority commissioners serve for staggered terms.
(II) The governing body shall fill authority commissioner vacancies, other
than those that occur due to the expiration of terms, for the remaining unexpired
term; except that a vacancy of the special district-appointed seat must be filled by
agreement of the affected special districts.
(III) An authority commissioner holds office until the governing body
appoints the authority commissioner's qualified successor.
(c) (I) The governing body shall designate the chairperson for the first year of
the authority. When the office of the first chairperson of the authority becomes
vacant and annually thereafter, the authority shall select a chairperson and vice-chairperson from among its members.
(II) An authority may employ a secretary, an executive director, technical
experts, and such other officers, agents, and employees as it may require and shall
determine their qualifications, duties, and compensation.
(III) An authority may call upon the county attorney and employ its own
counsel and legal staff for legal services.
(IV) An authority may delegate powers and duties to one or more of its
agents or employees as it deems proper.
(d) The governing body shall file with the county clerk and recorder a
certificate of the appointment or reappointment of any authority commissioner, and
the certificate is conclusive evidence of the due and proper appointment of the
authority commissioner.
(e) An authority commissioner receives no compensation for services
rendered, but is entitled to reimbursement for necessary expenses, including
traveling expenses, incurred in the discharge of the duties described in this article
31.
(f) A majority of the authority commissioners constitutes a quorum.
(3) (a) (I) Upon appointment as an authority commissioner, an authority
commissioner shall file a certificate with the division of local government in the
department of local affairs setting forth that the governing body, after the hearing
required by subsection (1)(b) of this section, made the findings and declaration
required in subsection (1)(c) of this section and appointed the authority
commissioner.
(II) Upon an authority commissioner filing such a certificate, the authority
commissioner and any successor constitutes the county revitalization authority,
which is a body corporate and politic.
(b) In any suit, action, or proceeding involving the validity or enforcement of
any bond, contract, mortgage, trust indenture, or other agreement of the authority,
the authority must be conclusively deemed to have been established in accordance
with the provisions of this article 31 upon proof of the filing of the certificate
described in this subsection (3). A copy of the certificate, duly certified by the
director of the division of local government in the department of local affairs, is
admissible in evidence in any such suit, action, or proceeding.
(4) (a) (I) Neither any authority commissioner, authority officer, or employee
of an authority nor any immediate family member of any such authority
commissioner, officer, or employee may acquire any interest, direct or indirect, in
any county revitalization project or in any property included or planned to be
included in any county revitalization project.
(II) An authority commissioner shall not have any interest, direct or indirect,
in any contract or proposed contract for materials or services to be furnished or
used in connection with any county revitalization project.
(b) (I) (A) If an authority commissioner, authority officer, or employee of an
authority owns or controls an interest, direct or indirect, in any property included or
planned to be included in the county revitalization project, the authority
commissioner shall immediately disclose the interest in writing to the authority. The
disclosure must be entered upon the minutes of the authority.
(B) Upon a disclosure made pursuant to subsection (4)(b)(I)(A) of this section,
the authority commissioner, officer, or other employee shall not participate in any
action by the authority affecting the carrying out of the county revitalization project
planning or the undertaking of the project, unless the authority determines that,
notwithstanding the personal interest, the participation of the authority
commissioner, officer, or employee would not be contrary to the public interest.
(II) Acquisition or retention of any interest described in subsection (4)(b)(I)(A)
of this section without a determination by the authority that the interest is not
contrary to the public interest or willful failure to disclose any such interest
constitutes misconduct in office.
(5) (a) The governing body may remove an authority commissioner for
inefficiency or neglect of duty or misconduct in office only after the authority
commissioner has been given a copy of the charges that the governing body made
against the authority commissioner and the authority commissioner has had an
opportunity to be heard in person or through counsel before the governing body.
(b) If any authority commissioner is removed, the governing body shall file a
record of the proceedings, together with the charges made against the authority
commissioner and any related findings, in the office of the county clerk and
recorder.
(6) (a) Any taxing entity, other than a school district or the county, that levies
taxes in an area that would fall under the county revitalization plan proposed by the
authority may file a petition with the authority requesting to join the authority.
(b) Within thirty days of receiving the notice described in subsection (6)(a) of
this section, the authority shall hold a public hearing to determine whether the
taxing entity that filed a petition should be included in the authority.
(c) The incremental property tax revenue of a taxing entity that either does
not file a petition in accordance with subsection (6)(a) of this section or that the
authority decides not to include in the authority during a hearing held in accordance
with subsection (6)(b) of this section shall not be allocated under the county
revitalization plan proposed by the authority.