§ 14-168-305 - Creation of district.
               	 		
14-168-305.    Creation of district.
    (a)  The  local governing body, upon its own initiative or upon request of  affected property owners or upon request of the city or county planning  commission, may designate the boundaries of a proposed redevelopment  district.
(b)    (1)  The local  governing body shall hold a public hearing at which interested parties  are afforded a reasonable opportunity to express their views on the  proposed creation of a redevelopment district and its proposed  boundaries.
      (2)    (A)  Notice  of the hearing shall be published in a newspaper of general circulation  in the city or county at least fifteen (15) days prior to the hearing.
            (B)  Prior  to this publication, a copy of the notice shall be sent by first-class  mail to the chief executive officers of all local governmental and  taxing units having the power to levy taxes on property located within  the proposed redevelopment district and to the superintendent of any  school district which includes property located within the proposed  redevelopment district.
(c)  The local governing body shall adopt an ordinance which:
      (1)  Describes  the boundaries of a redevelopment district sufficiently definitely to  identify with ordinary and reasonable certainty the territory included,  which boundaries may create a contiguous district;
      (2)  Creates the redevelopment district as of a date provided in it;
      (3)    (A)  Assigns a name to the redevelopment district for identification purposes.
            (B)  The  name may include a geographic or other designation, shall identify the  city or county authorizing the district, and shall be assigned a number  beginning with the number one (1).
            (C)  Each subsequently created district shall be assigned the next consecutive number;
      (4)  Contains  findings that the real property within the redevelopment district will  be benefited by eliminating or preventing the development or spread of  slums or blighted, deteriorated, or deteriorating areas, or discouraging  the loss of commerce, industry, or employment, or increasing  employment, or any combination thereof; and
      (5)  Contains  findings whether the property located in the proposed redevelopment  district is in a wholly unimproved condition or whether the property  located in the proposed redevelopment district contains existing  improvements.
(d)  The local  governing body shall not approve an ordinance creating a redevelopment  district, unless the local governing body determines that the boundaries  of the proposed redevelopment district are in a blighted area that  includes the presence of at least one (1) of the following factors:
      (1)  Property  located in the proposed redevelopment district is in an advanced state  of dilapidation or neglect or is so structurally deficient that  improvements or major repairs are necessary to make the property  functional;
      (2)  Property located in the proposed redevelopment district has structures that have been vacant for more than three (3) years;
      (3)  Property  located in the proposed redevelopment district has structures that are  functionally obsolete and cause the structures to be ill-suited for  their original use; or
      (4)  Vacant  or unimproved parcels of property located in the redevelopment district  are in an area that is predominantly developed and are substantially  impairing or arresting the growth of the city or county due to obsolete  platting, deterioration of structures, absence of structures,  infrastructure, site improvements, or other factors hindering growth.
(e)    (1)  No county shall establish a redevelopment district, any portion of which is within the boundaries of a city.
      (2)  However,  one (1) or more local governments through interlocal agreement may join  in the creation of a district, the boundaries of which lie in one (1)  or more local governments.
(f)    (1)  The  ordinance shall establish a special fund as a separate fund into which  all tax increment revenues, and any other revenues generated under the  Arkansas Constitution or Arkansas law and designated by the local  government for the benefit of the redevelopment district shall be  deposited and from which all project costs shall be paid.
      (2)  The special fund may be assigned to and held by a trustee for the benefit of bondholders if tax increment financing is used.
      (3)  If  the local governing body determines that the property located in the  proposed redevelopment district is in a wholly unimproved condition, the  ordinance shall state that the revenues deposited into the special fund  shall be used only for project costs incurred in connection with  capital improvements of a public nature.
(g)    (1)  The boundaries of the redevelopment district may be modified from time to time by ordinance of the local government.
      (2)  However,  in the event any bonds, notes, or other obligations are outstanding  with respect to the redevelopment district, any change in the boundaries  shall not reduce the amount of tax increment available to secure such  tax increment financing.