12-5244.   Same; creation of incentive districts;resolution of required findings; review by secretary of commerce andhousing.(a) The governing body of any city or county is herebyauthorized to designate rural housing incentive districts within such city orcounty. Any city governing body may designate one or more such districts insuch city, and any county governing body may designate one or more suchdistricts in any part of the unincorporated territory of such county. Prior tomaking such a designation, the governing body shall conduct a housing needsanalysis to determine what, if any, housing needs exist within its community.After conducting the analysis, the governing body shall adopt a resolutioncontaining a legal description of the proposed district, a map depicting theexisting parcels of real estate in the proposed district, and astatement of the following findings and determinations:

      (1)   There is a shortage of quality housing of various price ranges in thecity or county despite the best efforts of public and private housingdevelopers;

      (2)   The shortage of quality housing can be expected to persist and thatadditional financial incentives are necessary in order to encourage the privatesector to construct or renovate housing in such city or county;

      (3)   The shortage of quality housing is a substantial deterrent to the futureeconomic growth and development of such city or county; and

      (4)   The future economic well-being of the city or county depends on thegoverning body providing additional incentives for the construction orrenovation of quality housing in such city or county.

      (b)   The resolution containing the findings contained in subsection (a) shallbe published at least once in the official newspaper of the city or county.

      (c)   Upon publication of the resolution as provided in subsection (b), thegoverning body shall send a certified copy of the resolution to the secretary,requesting that the secretary review the resolution and advise the governingbody whether the secretary agrees with the findings contained therein. If thesecretary advises the governing body in writing that the secretary agrees witheach of the findings of the governing body, the governing body may proceed toestablish the district as set forth in this act.If the secretary fails to agree with the findings, the secretary shall advisethe governing body in writing of the specific reasons therefor.

      History:   L. 1998, ch. 66, § 4; July 1.