99.1088. Public hearing required, notice requirements--changes to a plan without further hearing, when--boundaries of redevelopment area not to be changed after adoption.
Public hearing required, notice requirements--changes to a planwithout further hearing, when--boundaries of redevelopment areanot to be changed after adoption.
99.1088. 1. Prior to the adoption of the ordinance designating aredevelopment area, adopting a redevelopment plan, or approving aredevelopment project, the municipality or authority shall fix a time andplace for a public hearing and notify each taxing district located whollyor partially within the boundaries of the proposed redevelopment area orredevelopment project area affected. Such notice shall comply with theprovisions of subsections 2 and 3 of this section. At the public hearingany interested person or affected taxing district may file with themunicipality or authority written objections to, or comments on, and may beheard orally in respect to any issues regarding the plan or issues embodiedin the notice. The municipality or authority shall hear and consider allprotests, objections, comments, and other evidence presented at thehearing. The hearing may be continued to another date without furthernotice other than a motion to be entered upon the minutes fixing the timeand place of the subsequent hearing. Prior to the conclusion of thehearing, changes may be made in the redevelopment plan, redevelopmentproject, redevelopment area or redevelopment project area, provided thatwritten notice of such changes is available at the public hearing. Afterthe public hearing but prior to the adoption of an ordinance designating aredevelopment area, adopting a redevelopment plan or approving aredevelopment project, changes may be made to any such proposedredevelopment plan, redevelopment project, redevelopment area, orredevelopment project area without a further hearing, if such changes donot enlarge the exterior boundaries of the redevelopment area, and do notsubstantially affect the general land uses established in a redevelopmentplan or redevelopment project, provided that notice of such changes shallbe given by mail to each affected taxing district and by publication in anewspaper of general circulation in the redevelopment area or redevelopmentproject area, as applicable, not less than ten days prior to the adoptionof the changes by ordinance. After the adoption of an ordinancedesignating the redevelopment area, adopting a redevelopment plan,approving a redevelopment project, or designating a redevelopment projectarea, no ordinance shall be adopted altering the exterior boundaries of theredevelopment area or a redevelopment project area affecting the generalland uses established under the redevelopment plan or the general nature ofa redevelopment project without holding a public hearing in accordance withthis section. One public hearing may be held for the simultaneousconsideration of a redevelopment area, redevelopment plan, redevelopmentproject, or redevelopment project area.
2. Notice of the public hearing required by this section shall begiven by publication and mailing. Notice by publication shall be given bypublication at least twice, the first publication to be not more thanthirty days and the second publication to be not more than ten days priorto the hearing, in a newspaper of general circulation in the proposedredevelopment area or redevelopment project area, as applicable. Notice bymailing shall be given by depositing such notice in the United States mailby certified mail addressed to the person or persons in whose name thegeneral taxes for the last preceding year were paid on each lot, block,tract, or parcel of land lying within the proposed redevelopment area orredevelopment project area, as applicable. Such notice shall be mailed notless than ten working days prior to the date set for the public hearing.
3. The notices issued under this section shall include the following:
(1) The time and place of the public hearing;
(2) The general boundaries of the proposed redevelopment area orredevelopment project area, as applicable, by street location, wherepossible;
(3) A statement that all interested persons shall be given anopportunity to be heard at the public hearing;
(4) A description of the redevelopment plan and the proposedredevelopment projects and a location and time where the entireredevelopment plan or redevelopment projects proposed may be reviewed byany interested party;
(5) A statement that redevelopment financing involving tax revenuesis being sought for the project and an estimate of the amount of localredevelopment financing that will be requested, if applicable; and
(6) Such other matters as the municipality or authority may deemappropriate.
4. Not less than forty-five days prior to the date set for the publichearing, the municipality or authority shall give notice by mail asprovided in subsection 2 of this section to all taxing districts whosetaxes are affected in the redevelopment area or redevelopment project area,as applicable, and in addition to the other requirements under subsection 3of this section, the notice shall include an invitation to each taxingdistrict to submit comments to the municipality or authority concerning thesubject matter of the hearing prior to the date of the hearing.
5. A copy of any and all hearing notices required by this sectionshall be submitted by the municipality or authority to the director of thedepartment of economic development and the date such notices were mailed orpublished, as applicable.
(L. 2005 H.B. 58 merged with S.B. 210)