Section 4 Hearing on petition; declaration of organization; notice; election of non-participation
Section 4. The local municipal governing body shall hold a public hearing within sixty days of the receipt of a petition. Written notification of such hearing shall be sent to each property owner within the boundary of the proposed BID at least thirty days prior to such hearing, by mailing notice to the address listed in the property tax records. Notification of the hearing shall also be published for two consecutive weeks in a newspaper of general circulation in the area at least fourteen days prior to such hearing. Such public notice shall contain the proposed boundaries of the BID, the proposed fee level, the proposed benefits, the basis for determining the district fee, and the process by which a property owner may elect not to participate in or benefit from such BID.
Prior to the public hearing, the local municipal governing body shall direct the town clerk or city clerk or his designee to determine that the establishment criteria has been met as set forth in section three.
At the public hearing, the local municipal governing body shall determine if the petition satisfies the purposes set forth and the establishment criteria of this chapter and shall obtain public comment regarding the improvement plan and the effect the proposed BID will have on the property owners, tenants, and others within the BID. If it appears that said petition is not in conformity with the purposes and establishment criteria, the local municipal governing body shall dismiss the petition. At the public hearing, the presiding officer or clerk of said governing body shall read into the record the basis for determining the district fee pursuant to section seven and the process for property owners to follow who elect not to participate in or benefit from said BID in accordance with the provisions of this section.
Within forty-five days after the public hearing, the local municipal governing body, in its sole discretion, may by a vote declare the district organized and describe the boundaries and service area of the district. Upon such declaration, the BID may commence operations.
Notice of the declaration of the organization of the BID and of the time period within which an owner of real estate within the district may elect not to participate shall be mailed or delivered to each property owner within the proposed BID. Said notice shall describe the process by which a property owner may elect not to participate in the BID, explain that membership in the bid is irrevocable until dissolution of the BID or a transfer of BID property, and include a description of the basis for determining the district fee, the projected fee level, and the proposed services to be provided by the BID. Such notice shall also be published for two consecutive weeks in a newspaper of general circulation in the area, the last publication being at least seven days prior to the last date for an election not to participate.
Any property owner within the BID may, within thirty calendar days after such declaration of organization by the local municipal governing body, elect not to participate and not be subject to the BID fee. Such property owner shall notify, in writing, the city or town clerk of the intent not to participate in the BID. Such property owner shall not receive benefits or services from the BID. Property owners who choose not to participate in the BID may, at a later date, elect to participate in the BID by notifying the city or town clerk, the BID board of directors, and the management entity in writing. The decision to participate in the BID shall be permanent until dissolution of the BID as set forth in section ten, or until the transfer of such property as provided herein. Upon the transfer of any participating property, the new owner shall have the option to withdraw the property from BID participation within thirty days of closing; provided, however, that the new owner shall reimburse the BID for the allocable share of any debt which may have been incurred but remains unpaid prior to the date of withdrawal, as determined by the management entity.
Nothing in this section shall prevent the filing of a subsequent petition for a similar project.