Title 36, Chapter 44, Section 8
( 36-44-8)
In order to create and carry out the purposes of a tax allocation
district, the following steps are required: (1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan, along with a certified
copy of any resolution giving the consent required under paragraph
(1) of this Code section, to the local legislative body of the
political subdivision whose area of operation will include the tax
allocation district; and (3) Adoption by the local legislative body of a resolution
approving the redevelopment plan and which: (A) Describes the boundaries of the tax allocation district with
sufficient definiteness to identify with ordinary and reasonable
certainty the territory included. The boundaries shall include
only those whole units of property assessed for ad valorem
property tax purposes; (B) Creates the district on December 31 following the adoption
of the resolution or on December 31 of a subsequent year as
determined by the local legislative body; (C) Assigns a name to the district for identification purposes.
The first district created shall be known as "Tax Allocation
District Number 1," followed by the name of the political
subdivision within whose area of operation the district is
located; (D) Specifies the estimated tax allocation increment base; (E) Specifies property taxes to be used for computing tax
allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that: (i) The redevelopment area on the whole has not been subject
to growth and development through private enterprise and would
not reasonably be anticipated to be developed without the
approval of the redevelopment plan or includes one or more
natural or historical assets which have not been adequately
preserved or protected and such asset or assets would not
reasonably be anticipated to be adequately preserved or
protected without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the
value of a substantial portion of the other real property in
the district. If any information required to be included in the resolution
approving the redevelopment plan under subparagraphs (A) through
(G) of this paragraph is contained in the redevelopment plan, then
the resolution approving the redevelopment plan may incorporate by
reference that portion of the redevelopment plan containing said
information. |