A local government governing body must follow a set process to establish a program: adopt an intent resolution, hold a public hearing, then adopt the program resolution. It may also amend the program, hire staff, contract services, and charge fees within the stated cap.
(a) To establish a program under this article, the governing body of a local government must take the following actions in the following order: (1) Adopt a resolution of intent that includes all of the following: a. A finding that financing qualified projects through assessments is a valid public purpose. b. A statement that the local government intends to make assessments according to the assessment agreement, the consent agreement, and the financing agreement to repay financing for qualified projects available to voluntary and willing qualifying property owners. c. A description of the types of qualified projects eligible for the program. d. A description of the boundaries of the designated region. e. A statement of the time and place for a public hearing on the proposed program. (2) Hold a public hearing at which the public may comment on the proposed program. (3) Following the public hearing, adopt a resolution establishing the program and the terms of the program, including a description of each aspect of the program that may be amended only after another public hearing is held. (b) Subject to the terms of the resolution establishing the program, the governing body of a local government may amend a program by resolution and may allow the program administrator to amend the program guidebook without approval of the local government. (c) A local government may: (1) Hire and set the compensation of a program administrator and program staff; and (2) Contract for professional services necessary to administer a program. (d) A local government may impose fees to offset the costs of administering a program in an amount equal to the lesser of one percent of the principal amount financed or fifty thousand dollars ($50,000). (e) For the purposes of this section, the governing body of a local government is not required to review, approve, or ratify any individual application by a property owner.