7-12-1101. Short title

7-12-1101. Short title. This part may be cited as the “Business Improvement District Act”. History: En. Sec. 1, Ch. 656, L. 1985.

7-12-1102. Purpose

7-12-1102. Purpose. The purpose of this part is to provide for the creation of business improvement districts having one or more of the purposes and powers provided in this part that will: (1) serve a public use; (2) promote the health, safety, prosperity, security, and general welfare of the inhabitants of the district and of the people of […]

7-12-1103. Definitions

7-12-1103. Definitions. As used in this part, the following definitions apply: (1) ”Appointing authority” means the mayor in the case of a municipality, the board of county commissioners in the case of a county, or the chief executive of a consolidated city-county government. (2) ”Board” means the board of trustees created in 7-12-1121. (3) ”Business” means all types of […]

7-12-1104. through 7-12-1110 reserved

7-12-1104 through 7-12-1110 reserved.

7-12-1111. Establishment or expansion of district

7-12-1111. Establishment or expansion of district. (1) Upon receipt of a petition signed by the owners of more than 60% of the area of the property proposed in the petition to be included in a district or in the expansion of a district, a governing body shall establish a district or expand a district as provided […]

7-12-1112. Resolution of intention to create or expand district — notice

7-12-1112. Resolution of intention to create or expand district — notice. (1) Before creating or expanding a district, the governing body shall pass a resolution of intention to do so, designating the boundaries of the district. (2) Notice of passage of the resolution must be published as provided in 7-1-2121. A copy of the notice must be […]

7-12-1113. Protest against proposed district

7-12-1113. Protest against proposed district. (1) Any owner of property liable to be assessed may make written protest against the extent or creation of the district to be assessed, or both. (2) The protest must be in writing and must be delivered to the governing body or its clerk, if any, not later than 5 p.m. of […]

7-12-1114. Hearing on protest — sufficient protest to bar proceedings

7-12-1114. Hearing on protest — sufficient protest to bar proceedings. (1) At a regular meeting of the governing body after the expiration of the time within which protest may be made, the governing body shall proceed to hear and pass upon all protests. Its decision shall be final and conclusive. (2) The governing body may adjourn the […]

7-12-1115. Resolution creating or expanding district

7-12-1115. Resolution creating or expanding district. When no protests have been delivered to the governing body within 15 days after the date of the first publication of the notice of the passing of the resolution of intention, when a protest shall have been found by the governing body to be insufficient or has been overruled, or […]

7-12-1116. through 7-12-1120 reserved

7-12-1116 through 7-12-1120 reserved.

7-12-1121. Board of trustees — appointment — number — term of office

7-12-1121. Board of trustees — appointment — number — term of office. (1) When the governing body of a local government adopts an ordinance creating a business improvement district, the appointing authority, with the approval of the governing body, shall appoint not less than five or more than seven owners of property within the district or […]

7-12-1122. Organization of board of trustees — no compensation

7-12-1122. Organization of board of trustees — no compensation. (1) The appointing authority shall designate which member of the board is to be the first presiding officer. When the office of presiding officer of the board becomes vacant, the board shall elect a presiding officer from among its members. The term of office as presiding officer […]

7-12-1123. Removal of board member

7-12-1123. Removal of board member. A member of a board of trustees may be removed by the appointing authority with the consent of the governing body. History: En. Sec. 11, Ch. 656, L. 1985.

7-12-1124. through 7-12-1130 reserved

7-12-1124 through 7-12-1130 reserved.

7-12-1131. Powers of board in administering district

7-12-1131. Powers of board in administering district. The board in administering a district has all powers necessary to carry out the functions of the district contained in the ordinance creating it, including the power to: (1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes; (2) provide special police, maintenance, or […]

7-12-1132. Annual budget and work plan — approval — procedure — tax

7-12-1132. Annual budget and work plan — approval — procedure — tax. (1) At a time determined by the governing body, the board shall submit to the governing body for approval a work plan and budget for the ensuing fiscal year. (2) A board created for the purpose of 7-12-1102(4) in a municipality or county where a […]

7-12-1133. Assessment of costs — area, lot, taxable valuation, square footage, and flat-fee options — provisions for property classifications

7-12-1133. Assessment of costs — area, lot, taxable valuation, square footage, and flat-fee options — provisions for property classifications. (1) At the same time that the board submits the annual budget and work plan to the governing body as provided in 7-12-1132, the board shall also recommend to the governing body a method of levying an […]

7-12-1134. through 7-12-1140 reserved

7-12-1134 through 7-12-1140 reserved.

7-12-1141. Duration of district

7-12-1141. Duration of district. The period of duration of a business improvement district is for the period specified in the resolution of the governing body creating the district but shall not be for a period longer than 10 years unless the duration of the district is extended in compliance with the provisions of this part for […]

7-12-1142. Governing body not to decrease public services

7-12-1142. Governing body not to decrease public services. The governing body may not decrease the level of public services in the district existing prior to the creation of the district unless the services at the same time are decreased throughout the jurisdictional area of the governing body, nor may it transfer the financial burden of providing […]