KRS 65.686: Establishment or modification of development area -- Procedure --

Termination.

(1) Any city or county may establish or modify a development area by:

(a) Holding a public hearing by its governing body or its designee at which

interested parties are affo rded a reasonable opportunity to express their views

on the proposed creation or modification of a development area and its

boundaries. Notice of the hearing shall:

1. Include a declaration that the purpose of the hearing is to afford

interested parties an opportunity to express their views regarding the

proposed development area;

2. Include a general description of the boundaries of the proposed

development area;

3. State the time and place of the hearing; and

4. Be published in a local newspaper of genera l circulation at least seven

(7) days but no more than twenty -one (21) days prior to the scheduled

hearing date; and

(b) Adopting an ordinance which shall:

1. Describe the boundaries of the proposed development area with

sufficiency to allow ordinary and r easonable certainty of the territory

included. However, no proposed development area shall include

property located in any other development area;

2. Create the development area on a date certain, which shall be referred to

as the commencement date;

3. Assign a name to the proposed development area for identification

purposes;

4. Contain findings that the designation of the proposed development area

will result in the increase in the value of property located in the

development area or result in increased e mployment within or around

the development area, or both;

5. Approve the grant contract, if any, relating to a development area;

6. Establish, if applicable, a special fund for that development area;

7. Contain any other findings, limitations, rules, or procedures regarding

the proposed development area and its establishment or maintenance as

deemed necessary by the governing body; and

8. Permit, if applicable, the levying of an assessment; and

(c) Providing the official charged with collecting revenues in the development

area, if the official is not an employee of the city or county designating the

development area, with a description of the development area and any other

information available which is ne eded to determine increments or new

revenues.

(2) (a) For any development area for which increments do not include revenues from

the Commonwealth, increments generated in a development area shall be

submitted by the official charged with collecting revenue s in the development

area, to the city or county establishing the special fund for that development

area, deposited to that special fund and used to pay the costs of projects or to

pay debt charges on increment bonds, except that increments payable to any

city or county other than the city or county establishing the development area

shall be submitted to that city or county as if no development area existed

unless that city or county is a party to a grant contract that provides that some

or all of the increments are to be submitted to a special fund.

(b) For any development area for which increments include revenues from the

Commonwealth, increments paid by the city, county, or Commonwealth to the

agency for which the development area is created shall be use d to pay the

costs of projects or to pay debt charges on increment bonds.

(3) The existence of a development area shall terminate on the termination date.