135.960. Public hearing required, notice--petition, requirements--effective and expiration date--annual report.
Public hearing required, notice--petition, requirements--effectiveand expiration date--annual report.
135.960. 1. Any governing authority that desires to have any portionof a city or unincorporated area of a county under its control designatedas an enhanced enterprise zone shall hold a public hearing for the purposeof obtaining the opinion and suggestions of those persons who will beaffected by such designation. The governing authority shall notify thedirector of such hearing at least thirty days prior thereto and shallpublish notice of such hearing in a newspaper of general circulation in thearea to be affected by such designation at least twenty days prior to thedate of the hearing but not more than thirty days prior to such hearing.Such notice shall state the time, location, date, and purpose of thehearing. The director, or the director's designee, shall attend suchhearing.
2. After a public hearing is held as required in subsection 1 of thissection, the governing authority may file a petition with the departmentrequesting the designation of a specific area as an enhanced enterprisezone. Such petition shall include, in addition to a description of thephysical, social, and economic characteristics of the area:
(1) A plan to provide adequate police protection within the area;
(2) A specific and practical process for individual businesses toobtain waivers from burdensome local regulations, ordinances, and orderswhich serve to discourage economic development within the area to bedesignated an enhanced enterprise zone, except that such waivers shall notsubstantially endanger the health or safety of the employees of any suchbusiness or the residents of the area;
(3) A description of what other specific actions will be taken tosupport and encourage private investment within the area;
(4) A plan to ensure that resources are available to assist arearesidents to participate in increased development through self-help effortsand in ameliorating any negative effects of designation of the area as anenhanced enterprise zone;
(5) A statement describing the projected positive and negativeeffects of designation of the area as an enhanced enterprise zone;
(6) A specific plan to provide assistance to any person or businessdislocated as a result of activities within the enhanced enterprise zone.Such plan shall determine the need of dislocated persons for relocationassistance; provide, prior to displacement, information about the type,location, and price of comparable housing or commercial property; provideinformation concerning state and federal programs for relocation assistanceand provide other advisory services to displaced persons. Public agenciesmay choose to provide assistance under the Uniform Relocation and RealProperty Acquisition Act, 42 U.S.C. Section 4601, et seq., to meet therequirements of this subdivision; and
(7) A description or plan that demonstrates the requirements ofsubsection 4 of section 135.953.
3. An enhanced enterprise zone designation shall be effective uponsuch approval by the department and shall expire in twenty-five years.
4. Each designated enhanced enterprise zone board shall report to thedirector on an annual basis regarding the status of the zone and businessactivity within the zone.
(L. 2004 S.B. 1155 § 135.1060)