3-63-6. Creation by petition.
338 words·~2 min read·
/nm/chapter-3-municipalities/article-63-business-improvement-districts/3-63-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Whenever ten or more business owners comprising at least fifty-one percent of the total business owners in the proposed district or whenever five or more real property owners comprising at least fifty-one percent of the total real property owners in the proposed district, exclusive of any real property owned by the United States or the state or any of its political subdivisions, petition the council in writing to create a district, the council shall refer the petition to a planning group to prepare a plan pursuant to the provisions of the Business Improvement District Act to implement the creation of the district. The plans shall:
(1)state the purpose for the creation of the district;
(2)describe in general terms the real property to be included in the district;
(3)provide an assessment plat of the area to be included in the district showing an estimate of the benefits to such real property and an amount estimated to be assessed against each parcel of real property;
(4)provide such other information as the council deems necessary for the proper evaluation of the plan;
(5)in the case of a petition brought by a majority of business owners within a proposed district, describe in general terms both the real property and the businesses included in the district; and
(6)in the case of a petition brought by a majority of business owners within a proposed district, provide a formula to be used to assess businesses in the district for the business improvement benefit fee to be collected along with the municipal property tax.
B. After the completion of the plan, the planning group shall have the municipal clerk give notice of a hearing on the proposed plan.
C. If after the hearing the planning group recommends to the council the creation of the district as proposed or amended, the council may adopt by ordinance the proposed district requested by petition and as described by the plan.
History: Laws 1988, ch. 32, § 6; 1999, ch. 204, § 3.