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Any petition having the requisite signatures shall be valid if the City Clerk determines it is in substantial compliance with the requirements of section 3.7.103 of this part. The City Council may, at any time, permit the petition to be amended to correct any errors in the description of the boundaries of the district or in any other particular matter. (1968 Code §12-131.3; Ord. 79-240; Ord. 01-42)
After the petition is filed, the City Council shall set a date not less than thirty (30) nor more than sixty (60) days after the date of filing for a public hearing. The City Clerk shall publish notice of the hearing at least ten (10) days prior to the hearing date. The City Clerk shall also mail a copy of the notice of hearing to each owner of record of real property within the boundaries of the proposed district. The notice of hearing shall set forth proposed district boundaries, the fact that all property included within the district boundaries will be subject to the lien of the indebtedness, and shall set forth the amount of the annual assessment or mill levy required to meet the cost of maintaining and securing the proposed improvements set forth in the petition. (1968 Code §12-131.4; Ord. 79-240; Ord. 01-42)
A. At the conclusion of the public hearing, if it appears the petition was signed by the requisite number of property owners, the allegations of the petition are true, and the public interest will be served, City Council shall accept the petition and establish the district by ordinance.
B. If the City Council finds that the petition has not been signed by the requisite number of property owners or concludes that the proposed annual assessment or mill levy is excessive in relation to the benefit conferred, it shall dismiss the petition.
C. The finding of the City Council on accepting or dismissing a petition shall be final and conclusive and no appeal shall lie from a decision to accept or dismiss the petition.
D. Nothing in this section shall be construed to prevent the filing of subsequent petitions for a similar district.
E. In establishing a district the City Council shall determine the public improvements to be maintained and secured, the amount of money necessary to be raised by an annual assessment or mill levy on the taxable real property in the district, and the rate of assessment which, when levied upon the real property within the district, shall raise the amount required for district operation and management during the ensuing fiscal year to meet the cost of maintaining and securing the public improvements. The annual assessment or mill levy shall not exceed the mill levy requested in the petition. (1968 Code § 12-131.5; Ord. 79-240; Ord. 01-42)
A. The district created shall continue in effect until dissolved. Property owners within a district may file with the City Clerk a dissolution petition signed by not less than a majority of persons who own real property in the district. If the City Clerk certifies that the dissolution petition contains the requisite number of signatures, City Council shall set a date not less than thirty (30) nor more than sixty (60) days after the petition is filed for a public hearing. The City Clerk shall publish notice of the hearing at least ten (10) days prior to the hearing date. The City Clerk shall also mail a copy of the notice of hearing to each owner of record of real property within the district. At the conclusion of the hearing, City Council shall determine whether to dissolve the district.
B. If the City Council determines to dissolve the district, it shall by ordinance declare the district dissolved. Although dissolved, the City shall continue to operate and maintain the district until all district financial obligations existing on the date of dissolution have been met and all district funds held by the City on the date of dissolution have been expended for the purpose for which they were assessed, at which time the City shall immediately cease performing any district functions or activities. City Council's dissolution decision shall be final and conclusive and no appeal shall lie from a decision to dissolve the district. If the City Council determines to keep the district in existence, no further petition to dissolve the district shall be considered for one year. (1968 Code §12-131.6; Ord. 79-18; Ord. 01-42)
The City Council shall, no later than August 1 of each fiscal year, determine for the ensuing fiscal year the public improvements to be maintained, the appropriate measures for the security of the public improvements, the amount of money necessary to be raised by a levy of taxable real property in the district, and shall fix a rate of assessment which, when levied upon the real property within the district, shall raise the amount required by the district during the ensuing fiscal year to meet the cost of maintaining and securing the public improvements included in the district. (1968 Code §12-131.7; Ord. 79-240; Ord. 87-167; Ord. 88-225; Ord. 94-125; Ord. 01-42)
A. If the rate of levy calculated for the ensuing fiscal year exceeds the rate of levy for the current fiscal year or the rate of levy established in subsection B of this section, a ballot election shall be held during the State general election, the biennial City election, or on the first Tuesday in November of odd-numbered years, through any method allowed by law, to determine whether the mill levy shall be increased.
B. A qualified elector in any election to increase the district boundaries, increase the mill levy or for any other reason mandated by law shall be those individuals or legal entities that own real property in the district. A legal entity, to vote, shall be required to pass a resolution or take other formal action as necessary to cast the vote for the legal entity. If a legal entity owns more than one parcel of real property, the legal entity may cast one vote for each separate parcel of real property. If multiple owners own a parcel of real property, such owners shall designate in writing one of the owners who shall be entitled to cast a vote. In no event shall more than one vote be cast per parcel of real property.
C. If an assessment alternative as provided by this Code is used, an increase in the alternative rate shall be determined as provided above, except that in petitioning for or voting on a higher mill levy, only those persons in the district who are designated as voters under the ordinance creating the district shall sign the petition or participate in the voting as may be required in this section. (1968 Code §12-131.7; Ord. 79-240; Ord. 87-167; Ord. 88-225; Ord. 94-125; Ord. 01-42)
The boundaries of any district established under this article may be expanded to include additional real property. A majority of owners of real property sought to be included within the district boundary, may file a boundary petition with the City Clerk requesting that their property be included within the district. The petition shall describe the property owned by the petitioners and shall be verified. The City Clerk shall publish a notice of hearing on the expanded boundary petition at least ten (10) days prior to City Council's public hearing on the petition stating the filing of the petition, names of petitioners and descriptions of property sought to be included. The City Clerk shall also mail a copy of the notice to each owner of record of real property sought to be included in the district. At the conclusion of the hearing, if it appears the boundary petition was signed by the requisite number of property owners and City Council determines the public interest is served by expanding the district boundary to include the additional real property, City Council shall then grant the petition and adopt an ordinance to that effect. The property shall then be included within the district. (1968 Code §12-131.8; Ord. 79-18; Ord. 01-42)
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