12-1796.   Same; establishment of district; petition, when; overall plan;hearing; resolution; notice; protest; governing body of the district.(a) The governing body of the city: (1) May, on its own motion, initiateproceedings for establishing a district as provided in subsections (b) through(g), inclusive; or (2) the city shall initiate proceedings for establishinga district as provided in subsections (b) through (g), inclusive, upon thefiling with its clerk of a petition containing:

      (A)   The signatures of at least 25% of all owners of real property withinthe proposed district which together represent ownership of 25% or moreof the assessed valuation of all of the real property in theproposed district;

      (B)   a description of the boundaries of the proposed district;

      (C)   the name of the proposed district;

      (D)   a statement of the maximum rate of the ad valorem tax that may belevied upon propertywithin the district. The maximum rate of tax may be stated in terms of separatemaximum rates for a capital improvement fund tax, an operations fund tax,or in terms of a maximum combined rate; and

      (E)   the purpose for the establishment of the district.

      (b)   The city considering establishment of such a district whether on itsown motion or pursuant to petition as provided in subsection (a), shall adopt aresolution stating the city is considering establishing the district. Suchresolution shall contain:

      (1)   A description of the boundaries of the proposed district;

      (2)   the name of the proposed district;

      (3)   the purpose of the district and a general description of theimprovements and services which areproposed to be provided within the district;

      (4)   the maximum rate of the ad valorem tax which may be levied uponproperty in the district;

      (5)   the time and place of a public hearing to be held by the governingbody to consider establishment of the district; and

      (6)   any other information deemed necessary by the governing body.

      (c)   The date fixed for such public hearingshall be not less than 30 nor more than 60 days following the date of theadoption of the resolution fixing the date of such hearing.

      (d)   A copy of the resolution shall bemailed by certified mail to each owner of land within the proposed districtnot less than 15 days prior to the date of such hearing. A copy shallalso be mailed to the city or other planning commission having jurisdictionover the area. Such resolutionshall be published in the official city newspaper once each week for threeconsecutive weeks, the last such publication to be not less than one weeknor more than two weeks preceding the date fixed for such public hearing.

      (e)   The governing body shall not takefinal action on the proposed district within 30 days after the public hearinghas been held nor prior to the receipt from theplanning commission of a finding that the proposed district is consistentwith the comprehensive plan for the development of the city. If thegoverning body finds that establishment of the proposed districtis advisable and in the best interest of the city, it may adopt anordinance establishing a self-supported municipal improvement district.All property included in the proposed districtneed not be included in the established district. However, no property maybe included in the district that was not included in the proposed districtuntil the governing body:

      (1)   Has held another hearing after following the procedures prescribedby this section;

      (2)   has caused a notice of theinclusion of the property to be personally served upon each owner of theadditional property; or

      (3)   has received a written waiver of notice from each owner of the additionalproperty.

      (f)   At any time prior to adoption of an ordinance establishing a district,the entire matter of establishing such district shall be withdrawn fromthe governing body's consideration if a petition is filed with the city clerkcontaining the signatures of at least 40% of all owners of property withinthe proposed district or signatures which together represent ownership ofproperty with an assessed valuation of 40% or more of theassessed valuation ofall property within the proposed district.

      (g)   Upon the adoption of the ordinance establishing a district, thegoverning body of the city shall be the governing body of the district. The district shall be a body corporate and politic and shall be vested withall the power and authority necessary to effectuate the purposes of thisact. Officers of the city shall be the officers of the district whereappropriate and shall have such duties as provided by law and directed bythe governing body of the district.

      History:   L. 1981, ch. 63, § 3;L. 1988, ch. 79, § 2; Jan. 1, 1989.