§ 25-402 Definitions.

As used in this chapter:

   (a)   "Average full valuation of taxable real property" means the valuation obtained by taking the assessed valuation of taxable real property in the district as it appears upon the last completed and four preceding assessment rolls of the city and dividing each by the applicable state equalization rate as determined by the state board of equalization and assessment pursuant to article twelve of the real property tax law for each of the assessment rolls and dividing the sum of the quotients thus obtained by five.

   (b)   "District" means a business improvement district established pursuant to this chapter.

   (c)   "District charge" means a levy imposed on behalf of a district as provided in the district plan.

   (d)   "District management association" means the association established pursuant to section 25-414 of this chapter.

   (e)   "District plan" or "plan" means a proposal as defined in section 25-405 of this chapter.

   (f)   "Owner" means owner of record.

   (g)   "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

§ 25-403 Contents of the district plan.

The district plan shall contain the following;

   (a)   a map of the district;

   (b)   the written report or reports of the city council containing:

      (l)   a description of the boundaries of the district proposed for establishment or extension in a manner sufficient to identify the lands included;

      (2)   a description of the present and proposed uses of such lands;

      (3)   the improvements proposed and the maximum cost thereof;

      (4)   the total annual amount proposed to be expended for improvements, maintenance and operation;

      (5)   the proposed source or sources of financing;

      (6)   the proposed time for implementation and completion of the district plan;

      (7)   any proposed rules and regulations to be applicable to the district;

      (8)   a list of the properties to be benefited, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property, in proportion to the benefit received by such property, to defray the cost thereof, including operation and maintenance. Notwithstanding any inconsistent provision of section 25-407 of this chapter, the plan may provide that all or any class or category of real property which is exempt by law from real property taxation and which would not benefit from the establishment or extension of the district may nevertheless be included within the boundaries of the district but such property shall not be subject to any district charge;

      (9)   a statement identifying the district management association for the district; and

      (10)   any other item or matter required to be incorporated therein by the city council.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/082.

§ 25-404 Powers of the city council.

Upon establishment of a district pursuant to the provisions of this chapter, the city council shall have authority to exercise the following powers with respect to such district, subject to the provisions of this chapter:

   (a)   To provide for district improvements located on or within municipally or district owned or leased property which will restore or promote business activity in the district:

      (1)   construction and installation of landscaping, planting, and park areas;

      (2)   construction of lighting and heating facilities;

      (3)   construction of physically aesthetic and decorative safety fixtures, equipment and facilities;

      (4)   construction of improvements to enhance security of persons and property within the district;

      (5)   construction of pedestrian overpasses, underpasses and connections between buildings;

      (6)   closing, opening, widening or narrowing of existing streets;

      (7)   construction of ramps, sidewalks, plazas, and pedestrian malls;

      (8)   rehabilitation or removal of existing structures as required;

      (9)   removal and relocation of utilities and vaults as required;

      (10)   construction of parking lot and parking garage facilities; and

      (11)   construction of fixtures, equipment, facilities and appurtenances as may enhance the movement, convenience and enjoyment of the public and be of economic benefit to surrounding properties such as: bus stop shelters; benches and street furniture; booths, kiosks, display cases, and exhibits; signs; receptacles; canopies; pedestrian shelters and fountains.

   (b)   To provide for the operation and maintenance of any district improvement;

   (c)   To provide for additional maintenance or other additional services required for the enjoyment and protection of the public and the promotion and enhancement of the district whether or not in conjunction with improvements authorized by this section, including:

      (1)   enhanced sanitation services;

      (2)   services promoting and advertising activities within the district;

      (3)   marketing education for businesses within the district;

      (4)   decorations and lighting for seasonal and holiday purposes; and

      (5)   services to enhance the security of persons and property within the district.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/082.