71.794. Establishing or altering size of district, procedure.
Establishing or altering size of district, procedure.
71.794. A special business district may be established, enlarged ordecreased in area as provided herein in the following manner:
(1) Upon petition by one or more owners of real property on which ispaid the ad valorem real property taxes within the proposed district, thegoverning body of the city may adopt a resolution of intention toestablish, enlarge or decrease in area a special business district. Theresolution shall contain the following information:
(a) Description of the boundaries of the proposed area;
(b) The time and place of a hearing to be held by the governing bodyconsidering establishment of the district;
(c) The proposed uses to which the additional revenue shall be putand the initial tax rate to be levied.
(2) Whenever a hearing is held as provided hereunder, the governingbody of the city shall publish notice of the hearing on two separateoccasions in at least one newspaper of general circulation not more thanfifteen days nor less than ten days before the hearing; and shall mail anotice by United States mail of the hearing to all owners of record of realproperty and licensed businesses located in the proposed district; andshall hear all protests and receive evidence for or against the proposedaction; rule upon all protests which determination shall be final; andcontinue the hearing from time to time.
(3) If the governing body decides to change the boundaries of theproposed area, the hearing shall be continued to a time at least fifteendays after the decision. Notice shall be given in at least one newspaperof general circulation at least ten days prior to the time of said hearingshowing the boundary amendments.
(4) If the governing body following the hearing decides to establishthe proposed district, it shall adopt an ordinance to that effect. Theordinance shall contain the following:
(a) The number, date and time of the resolution of intention pursuantto which it was adopted;
(b) The time and place the hearing was held concerning the formationof the area;
(c) The description of the boundaries of the district;
(d) A statement that the property in the area established by theordinance shall be subject to the provisions of additional tax as providedherein;
(e) The initial rate of levy to be imposed upon the property lyingwithin the boundaries of the district;
(f) A statement that a special business district has beenestablished;
(g) The uses to which the additional revenue shall be put;
(h) In any city with a population of less than three hundred fiftythousand, the creation of an advisory board or commission and enumerationof its duties and responsibilities;
(i) In any city with a population of three hundred fifty thousand ormore, provisions for a board of commissioners to administer the specialbusiness district, which board shall consist of seven members who shall beappointed by the mayor with the advice and consent of the governing body ofthe city. Five members shall be owners of real property within thedistrict or their representatives and two members shall be renters of realproperty within the district or their representatives. The terms of themembers shall be structured so that not more than two members' terms shallexpire in any one year. Subject to the foregoing, the governing body ofthe city shall provide in such ordinance for the method of appointment, thequalifications, and terms of the members.
(L. 1972 H.B. 1156 § 3, A.L. 1975 S.B. 322, A.L. 1982 H.B. 1120, A.L. 2005 H.B. 58)