The Council may establish a Business Improvement District by the following procedure:
(A) Adoption of a resolution of intention to establish a Business Improvement District which shall contain the following information:
(1) A description of the proposed boundaries of such district.
(2) The time and place when a hearing shall be held by the Council to determine whether or not to adopt an ordinance to establish such district.
(3) The uses to which the additional revenue derived from the additional charges or assessment for a business license will be put which shall be the same as those provided for by this chapter.
(4) A statement that the establishment of a Business Improvement District shall cause an additional charge or assessment for business licenses for those businesses conducting their activities in such district, and that such increase shall be in accordance with the schedule provided by this subchapter, which schedule shall be set forth in the resolution.
(5) A statement that any interested person may file a written protest prior to the hearing and may also appear at the hearing and present evidence.
(B) Notice of hearing provided for by the resolution of intention shall be published and mailed in accordance with § 35.114 of this subchapter. Such notice shall consist of a complete copy of the resolution of intention to establish a Business Improvement District.
(C) The hearing specified in the resolution of intention shall be held prior to the adoption of an ordinance establishing a Business Improvement District. Such hearing shall be held in accordance with § 35.114 of this subchapter.
(D) If it is determined by the Council after the hearing that such a district should be established, the Council shall approve such a district by adopting an ordinance establishing the district. This ordinance shall contain the following information:
(1) The number, date, and title of the resolution of intention pursuant to which it was adopted.
(2) The time and place the hearing was held concerning the formation of such district.
(3) The description of the boundaries of such district.
(4) A statement that the businesses in the district established by the ordinance shall be subject to the provisions of the additional charges or assessments provided by this chapter.
(5) A statement that a Business Improvement District has been established pursuant to the provisions of this chapter. The Council may, however, modify the boundaries of the district as described in the resolution of intention based upon the evidence presented, provided the Council proposes such change and continues the hearing until a later time and notice of the proposed change and the time and a place of the continued hearing is given in accordance with § 35.114 of this subchapter.
('63 Code, § 8-7.04) (Ord. 385-C.S., passed 7-21-83)