(1)For purposes of this section:
(a)Authorized work means the performance of any one or more of the
following purposes within an enhanced employment area designated pursuant
to this section:
(i)The acquisition, construction, maintenance, and operation of public
offstreet parking facilities for the benefit of the enhanced employment area;
(ii)Improvement of any public place or facility in the enhanced employment
area, including landscaping, physical improvements for decoration or security
purposes, and plantings;
(iii)Construction or installation of pedestrian shopping malls or plazas,
sidewalks or moving sidewalks, parks, meeting and display facilities, bus
stop shelters, lighting, benches or other seating furniture, sculptures, trash
receptacles, shelters, fountains, skywalks, and pe
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(1)
For purposes of this section:
(a) Authorized work means the performance of any one or more of the
following purposes within an enhanced employment area designated pursuant
to this section:
(i) The acquisition, construction, maintenance, and operation of public
offstreet parking facilities for the benefit of the enhanced employment area;
(ii) Improvement of any public place or facility in the enhanced employment
area, including landscaping, physical improvements for decoration or security
purposes, and plantings;
(iii) Construction or installation of pedestrian shopping malls or plazas,
sidewalks or moving sidewalks, parks, meeting and display facilities, bus
stop shelters, lighting, benches or other seating furniture, sculptures, trash
receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses
and underpasses, and any useful or necessary public improvements;
(iv) Leasing, acquiring, constructing, reconstructing, extending, maintaining,
or repairing parking lots or parking garages, both above and below ground,
or other facilities for the parking of vehicles, including the power to install
such facilities in public areas, whether such areas are owned in fee or by
easement, in the enhanced employment area;
(v) Creation and implementation of a plan for improving the general
architectural design of public areas in the enhanced employment area;
(vi) The development of any public activities and promotion of public
events, including the management, promotion, and advocacy of retail trade
activities or other promotional activities, in the enhanced employment area;
(vii) Maintenance, repair, and reconstruction of any improvements or
facilities authorized by the Community Development Law;
(viii) Any other project or undertaking for the betterment of the public
facilities in the enhanced employment area, whether the project is capital
or noncapital in nature;
(ix) Enforcement of parking regulations and the provision of security
within the enhanced employment area; or
(x) Employing or contracting for personnel, including administrators
for any improvement program under the Community Development Law, and providing
for any service as may be necessary or proper to carry out the purposes of
the Community Development Law;
(b) Employee means a person employed at a business located within an
enhanced employment area; and
(c) Number of new employees means the number of equivalent employees
that are employed at a business located within an enhanced employment area
designated pursuant to this section during a year that are in excess of the
number of equivalent employees during the year immediately prior to the year
the enhanced employment area was designated pursuant to this section.
(2) If an area is not blighted or substandard, a city may designate
an area as an enhanced employment area if the governing body determines that
new investment within such enhanced employment area will result in at least
(a) two new employees and new investment of one hundred twenty-five thousand
dollars in counties with fewer than fifteen thousand inhabitants, (b) five
new employees and new investment of two hundred fifty thousand dollars in
counties with at least fifteen thousand inhabitants but fewer than twenty-five
thousand inhabitants, (c) ten new employees and new investment of five hundred
thousand dollars in counties with at least twenty-five thousand inhabitants
but fewer than fifty thousand inhabitants, (d) fifteen new employees and new
investment of one million dollars in counties with at least fifty thousand
inhabitants but fewer than one hundred thousand inhabitants, (e) twenty new
employees and new investment of one million five hundred thousand dollars
in counties with at least one hundred thousand inhabitants but fewer than
two hundred thousand inhabitants, (f) twenty-five new employees and new investment
of two million dollars in counties with at least two hundred thousand inhabitants
but fewer than four hundred thousand inhabitants, or (g) thirty new employees
and new investment of three million dollars in counties with at least four
hundred thousand inhabitants. Any business that has one hundred thirty-five
thousand square feet or more and annual gross sales of ten million dollars
or more shall provide an employer-provided health benefit of at least three
thousand dollars annually to all new employees who are working thirty hours
per week or more on average and have been employed at least six months. In
making such determination, the governing body may rely upon written undertakings
provided by any owner of property within such area.
(3) Upon designation of an enhanced employment area under this section,
a city may levy a general business occupation tax upon the businesses and
users of space within such enhanced employment area for the purpose of paying
all or any part of the costs and expenses of authorized work within such enhanced
employment area. After March 27, 2014, any occupation tax
imposed pursuant to this section shall make a reasonable classification of
businesses, users of space, or kinds of transactions for purposes of imposing
such tax, except that no occupation tax shall be imposed on any transaction
which is subject to tax under section 53-160 , 66-489 , 66-489.02 , 66-4,140 , 66-4,145 , 66-4,146 , 77-2602 , or 77-4008 or which is exempt from tax under
section 77-2704.24 . The collection of a tax imposed pursuant to
this section shall be made and enforced in such a manner as the governing
body shall by ordinance determine to produce the required revenue. The governing
body may provide that failure to pay the tax imposed pursuant to this section
shall constitute a violation of the ordinance and subject the violator to
a fine or other punishment as provided by ordinance. Any occupation tax levied
by the city under this section shall remain in effect so long as the city
has bonds outstanding which have been issued under the authority of this section
and are secured by such occupation tax or that state such occupation tax as
an available source for payment. The total amount of occupation taxes levied
shall not exceed the total costs and expenses of the authorized work including
the total debt service requirements of any bonds the proceeds of which are
expended for or allocated to such authorized work. The assessments or taxes
levied must be specified by ordinance and the proceeds shall not be used for
any purpose other than the making of such improvements and for the repayment
of bonds issued in whole or in part for the financing of such improvements.
The authority to levy the general business occupation tax contained in this
section and the authority to issue bonds secured by or payable from such occupation
tax shall be independent of and separate from any occupation tax referenced
in section 18-2103 .
(4) A city may issue revenue bonds for the purpose of defraying the
cost of authorized work and to secure the payment of such bonds with the occupation
tax revenue described in this section. Such revenue bonds may be issued in
one or more series or issues where deemed advisable, and each such series
or issue may contain different maturity dates, interest rates, priorities
on revenue available for payment of such bonds and priorities on securities
available for guaranteeing payment thereof, and such other differing terms
and conditions as are deemed necessary. The following shall apply to any such
bonds:
(a) Such bonds shall be limited obligations of the city. Bonds and interest
on such bonds, issued under the authority of this section, shall not constitute
nor give rise to a pecuniary liability of the city or a charge against its
general credit or taxing powers. Such limitation shall be plainly stated upon
the face of each of such bonds;
(b) Such bonds may (i) be executed and delivered at any time and from
time to time, (ii) be in such form and denominations, (iii) be of such tenor,
(iv) be payable in such installments and at such time or times not exceeding
twenty years from their date, (v) be payable at such place or places, (vi)
bear interest at such rate or rates, payable at such place or places, and
evidenced in such manner, (vii) be redeemable prior to maturity, with or without
premium, and (viii) contain such provisions as shall be deemed in the best
interest of the city and provided for in the proceedings of the governing
body under which the bonds shall be authorized to be issued;
(c) The authorization, terms, issuance, execution, or delivery of such
bonds shall not be subject to sections 10-101 to 10-126 ; and
(d) Such bonds may be sold at public or private sale in such manner
and at such time or times as may be determined by the governing body to be
most advantageous. The city may pay all expenses, premiums, and commissions
which the governing body may deem necessary or advantageous in connection
with the authorization, sale, and issuance thereof from the proceeds or the
sale of the bonds or from the revenue of the occupation tax described in this
section.