Section 71.794

Title VII CITIES, TOWNS AND VILLAGES

Chapter 71

Effective - 28 Aug 2005   

  71.794.  Establishing or altering size of district, procedure. — A special business district may be established, enlarged or decreased in area as provided herein in the following manner:

  (1)  Upon petition by one or more owners of real property on which is paid the ad valorem real property taxes within the proposed district, the governing body of the city may adopt a resolution of intention to establish, enlarge or decrease in area a special business district.  The resolution 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 body considering establishment of the district;

  (c)  The proposed uses to which the additional revenue shall be put and the initial tax rate to be levied.

  (2)  Whenever a hearing is held as provided hereunder, the governing body of the city shall publish notice of the hearing on two separate occasions in at least one newspaper of general circulation not more than fifteen days nor less than ten days before the hearing; and shall mail a notice by United States mail of the hearing to all owners of record of real property and licensed businesses located in the proposed district; and shall hear all protests and receive evidence for or against the proposed action; rule upon all protests which determination shall be final; and continue the hearing from time to time.

  (3)  If the governing body decides to change the boundaries of the proposed area, the hearing shall be continued to a time at least fifteen days after the decision.  Notice shall be given in at least one newspaper of general circulation at least ten days prior to the time of said hearing showing the boundary amendments.

  (4)  If the governing body following the hearing decides to establish the proposed district, it shall adopt an ordinance to that effect.  The ordinance shall contain the following:

  (a)  The number, date and time of the resolution of intention pursuant to which it was adopted;

  (b)  The time and place the hearing was held concerning the formation of the area;

  (c)  The description of the boundaries of the district;

  (d)  A statement that the property in the area established by the ordinance shall be subject to the provisions of additional tax as provided herein;

  (e)  The initial rate of levy to be imposed upon the property lying within the boundaries of the district;

  (f)  A statement that a special business district has been established;

  (g)  The uses to which the additional revenue shall be put;

  (h)  In any city with a population of less than three hundred fifty thousand, the creation of an advisory board or commission and enumeration of its duties and responsibilities;

  (i)  In any city with a population of three hundred fifty thousand or more, provisions for a board of commissioners to administer the special business district, which board shall consist of seven members who shall be appointed by the mayor with the advice and consent of the governing body of the city.  Five members shall be owners of real property within the district or their representatives and two members shall be renters of real property within the district or their representatives.  The terms of the members shall be structured so that not more than two members' terms shall expire in any one year.  Subject to the foregoing, the governing body of the city shall provide in such ordinance for the method of appointment, the qualifications, and terms of the members.

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(L. 1972 H.B. 1156 § 3, A.L. 1975 S.B. 322, A.L. 1982 H.B. 1120, A.L. 2005 H.B. 58)