Title 36, Chapter 43, Section 5
( 36-43-5)
The governing authority of any municipality to which this chapter is
applicable may create city business improvement districts by the
adoption of district plans, as follows: (1) No such plan may be adopted except upon a written petition
signed and acknowledged by either: (A) At least 51 percent of the municipal taxpayers (as shown by
the most recent list of taxpayers billed by the municipality) of
the district proposed for creation or extension; or (B) Municipal taxpayers owning at least 51 percent (by assessed
value as shown by the most recent assessment rolls of the
municipality) of the taxable property subject to ad valorem real
and personal property taxation in the district; (2) Such petition must be accompanied by a proposed district plan,
to include a budget, a formula for imposing assessments on the
taxpayers within the district, and design and rehabilitation
standards, if desired; (3) The petition shall be presented to the governing authority of
the municipality, which shall refer it to the appropriate
municipal departments for review of its sufficiency,
reasonableness of assessments, and financial feasibility of the
plan. These departments shall submit to the governing authority
reports which shall approve of, disapprove of, or give qualified
approval with modifications to the district plan, with reasons
therefor. The governing authority shall hold a public hearing on
the issue of whether such district should be created, provided
that notice of the hearing shall be placed in a newspaper of
general circulation in the community at least ten days prior to
the date of the hearing. The governing authority may approve,
approve with modifications, or disapprove the plan; and (4) Any district plan thus adopted may be amended from time to
time or rescinded or its budget may be revised by ordinance. |