39.104.040 - Creation of revitalization area.

Creation of revitalization area.

(1) Before adopting an ordinance creating the revitalization area, a sponsoring local government must:

     (a) Provide notice to all taxing districts that levy or have levied for it regular property taxes and local governments with geographic boundaries within the proposed revitalization area of the sponsoring local government's intent to create a revitalization area. Notice must be provided in writing to the governing body of the taxing districts and local governments at least sixty days in advance of the public hearing as required by (b) of this subsection. The notice must include at least the following information:

     (i) The name of the proposed revitalization area;

     (ii) The date for the public hearing as required by (b) of this subsection;

     (iii) The earliest anticipated date when the sponsoring local government will take action to adopt the proposed revitalization area; and

     (iv) The name of a contact person with phone number of the sponsoring local government and mailing address where a copy of an ordinance adopted under RCW 39.104.050 and 39.104.060 may be sent; and

     (b) Hold a public hearing on the proposed financing of the public improvements in whole or in part with local revitalization financing. Notice of the public hearing must be published in a legal newspaper of general circulation within the proposed revitalization area at least ten days before the public hearing and posted in at least six conspicuous public places located in the proposed revitalization area. Notices must describe the contemplated public improvements, estimate the costs of the public improvements, describe the portion of the costs of the public improvements to be borne by local revitalization financing, describe any other sources of revenue to finance the public improvements, describe the boundaries of the proposed revitalization area, and estimate the period during which local revitalization financing is contemplated to be used. The public hearing may be held by either the governing body of the sponsoring local government, or a committee of the governing body that includes at least a majority of the whole governing body.

     (2) To create a revitalization area, a sponsoring local government must adopt an ordinance establishing the revitalization area that:

     (a) Describes the public improvements proposed to be made in the revitalization area;

     (b) Describes the boundaries of the revitalization area, subject to the limitations in RCW 39.104.050;

     (c) Estimates the cost of the proposed public improvements and the portion of these costs to be financed by local revitalization financing;

     (d) Estimates the time during which local property tax allocation revenues, and other revenues from local public sources, such as amounts of local sales and use taxes from participating local governments, are to be used for local revitalization financing;

     (e) Provides the date when the use of local property tax allocation revenues will commence and a list of the participating taxing districts and the regular property taxes that must be used to calculate property tax allocation revenues;

     (f) Finds that all of the requirements in RCW 39.104.030 are met;

     (g) Provides the anticipated rate of sales and use tax under RCW 82.14.510 that the local government will impose if awarded a state contribution under RCW 39.104.100;

     (h) Provides the anticipated date when the criteria for the sales and use tax in RCW 82.14.510 will be met and the anticipated date when the sales and use tax in RCW 82.14.510 will be imposed.

     (3) The sponsoring local government must deliver a certified copy of the adopted ordinance to the county treasurer, county assessor, the governing body of each participating taxing authority and participating taxing district within which the revitalization area is located, and the department.

[2010 c 164 § 2; 2009 c 270 § 104.]