65.494 KRS 65.490 to 65.499 limited to development areas established by county
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/ky/65-494A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
containing city of the first class or a city of the first class before March 23,
2007, or certain new development areas.
(1)As used in this section:
(a)"Existing development area" means a development area established by a
county containing a city of the first class or by a city of the first class prior to
March 23, 2007, that is subject to the provisions of a grant contract, Interlocal
Cooperation Agreement, or Master Agreement executed prior to March 23,
2007; and
(b)"New development area" means a development area that is created within an
existing development area.
(2)The provisions of KRS 65.490 to 65.499 shall apply only to:
(a)Existing development areas; and
(b)New development areas, provided that:
1. The project for the existing development area is amended to remove the
new development area from the existing development area;
2. All contracts regarding the application of increment derived from the
new development area require not less than ten percent (10%) of the
increment be paid to the agency for which the existing development area
was established;
3. Notwithstanding KRS 65.495 to the contrary, the payment to the agency
under subparagraph 2. of this paragraph shall not be taken into account
in determining whether thresholds within the contract have been met;
and
4. The amendment of the project for an existing development area is
approved by:
a. i. The county containing a city of the first class; or
ii. The city of the first class;
in which the existing development area is located;
b. The state;
c. The agency for which the existing development area was
established; and
d. If applicable, the insurer of any bonds issued for the benefit of the
agency for which the existing development area was established.