41-1522. Enterprise zone commissions

(Rpld. 7/1/11)

A. A county or incorporated cities and towns may propose establishing an enterprise zone under this article.

B. If the proposed zone would be located:

1. Entirely within the exterior boundaries of an incorporated city or town, the governing body of the city or town shall serve as the enterprise zone commission under this article.

2. Entirely within unincorporated areas of the county, the county board of supervisors shall serve as the enterprise zone commission under this article.

3. Entirely in all or part of two or more adjacent cities or towns, the governing bodies of the participating cities and towns shall jointly establish a commission by intergovernmental agreement under title 11, chapter 7, article 3 consisting of either:

(a) Representatives from the governing body of each city or town based on the relative population within the proposed enterprise zone area.

(b) The governing body of one of the cities or towns in which the enterprise zone is located.

4. In both an incorporated city or town and in an unincorporated area of the county, the board of supervisors and the governing body of the city or town shall jointly establish a commission by intergovernmental agreement under title 11, chapter 7, article 3 consisting of either:

(a) The county board of supervisors.

(b) Representatives from the board of supervisors and the governing body of the city or town based on the relative population of the incorporated and unincorporated areas within the proposed enterprise zone.

C. If members of the governing body of a city or town are prohibited from serving on the enterprise zone commission, the governing body shall appoint the commission members.

D. An enterprise zone commission may administer and manage more than one zone if all of the affected jurisdictions agree to that arrangement.

E. The enterprise zone commission shall appoint a zone administrator. The zone administrator may be a person not presently employed by the city, town or county or a member of the existing staff of the city, town or county.

F. The commission shall:

1. Select a chairman and vice-chairman from among its members.

2. Meet at least semiannually and at other times on the call of the chairman.

G. The commission may utilize the services of appropriate county, city and town personnel.

H. A commission is a public body for purposes of title 38, chapter 3, article 3.1, and commission members are public officers for purposes of title 38, chapter 3, article 8.

I. The commission shall identify areas of the county which potentially qualify as enterprise zones and may apply for designation, or renewal of designation, as an enterprise zone.

J. After an enterprise zone has been established in the county the commission shall:

1. Provide for planning, community relations and promotion of the zone among interested parties in the county.

2. Apply for and receive gifts, loans and other monies from any private source.

3. Make an annual report to the department on the development of the zone. The report shall include information on:

(a) The types and amounts of incentives that are offered by local governments to businesses in the zone.

(b) A list of other federal, state and local programs that are used in the zone, such as job training, special loan programs, community development block grants and affordable housing, and sources of funding for the programs.

(c) Public infrastructure investments and the sources of funding for the infrastructure projects.

41-1522. Enterprise zone commissions

(Rpld. 7/1/11)

A. A county or incorporated cities and towns may propose establishing an enterprise zone under this article.

B. If the proposed zone would be located:

1. Entirely within the exterior boundaries of an incorporated city or town, the governing body of the city or town shall serve as the enterprise zone commission under this article.

2. Entirely within unincorporated areas of the county, the county board of supervisors shall serve as the enterprise zone commission under this article.

3. Entirely in all or part of two or more adjacent cities or towns, the governing bodies of the participating cities and towns shall jointly establish a commission by intergovernmental agreement under title 11, chapter 7, article 3 consisting of either:

(a) Representatives from the governing body of each city or town based on the relative population within the proposed enterprise zone area.

(b) The governing body of one of the cities or towns in which the enterprise zone is located.

4. In both an incorporated city or town and in an unincorporated area of the county, the board of supervisors and the governing body of the city or town shall jointly establish a commission by intergovernmental agreement under title 11, chapter 7, article 3 consisting of either:

(a) The county board of supervisors.

(b) Representatives from the board of supervisors and the governing body of the city or town based on the relative population of the incorporated and unincorporated areas within the proposed enterprise zone.

C. If members of the governing body of a city or town are prohibited from serving on the enterprise zone commission, the governing body shall appoint the commission members.

D. An enterprise zone commission may administer and manage more than one zone if all of the affected jurisdictions agree to that arrangement.

E. The enterprise zone commission shall appoint a zone administrator. The zone administrator may be a person not presently employed by the city, town or county or a member of the existing staff of the city, town or county.

F. The commission shall:

1. Select a chairman and vice-chairman from among its members.

2. Meet at least semiannually and at other times on the call of the chairman.

G. The commission may utilize the services of appropriate county, city and town personnel.

H. A commission is a public body for purposes of title 38, chapter 3, article 3.1, and commission members are public officers for purposes of title 38, chapter 3, article 8.

I. The commission shall identify areas of the county which potentially qualify as enterprise zones and may apply for designation, or renewal of designation, as an enterprise zone.

J. After an enterprise zone has been established in the county the commission shall:

1. Provide for planning, community relations and promotion of the zone among interested parties in the county.

2. Apply for and receive gifts, loans and other monies from any private source.

3. Make an annual report to the department on the development of the zone. The report shall include information on:

(a) The types and amounts of incentives that are offered by local governments to businesses in the zone.

(b) A list of other federal, state and local programs that are used in the zone, such as job training, special loan programs, community development block grants and affordable housing, and sources of funding for the programs.

(c) Public infrastructure investments and the sources of funding for the infrastructure projects.