Chapter 35 Business Improvement Districts

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BUSINESS IMPROVEMENT DISTRICTS § 35-20 Article 3. Assessments. Section 35-20. Assessment apportionment. An assessment levied pursuant to this chapter may be based on benefit received by a parcel of land, the cost of making a supplemental service available to a parcel of land, the cost of supplemental services and improvements benefiting a parcel of land, the stage or type of development or use of a parcel of land, the happening of one or more specified events related to the development or improvement of all or certain parcels of land, or any other reasonable basis or formula as determined by the council. Any determination of the reasonableness of any assessment or the rate or method of the apportionment thereof by the council in the ordinance establishing the district shall be final and conclusive. (2004, ord 04-94, sec 1.) Section 35-21. Assessment levy. (a) During the first assessment year, assessments shall be levied and apportioned pursuant to the rate and method specified in the ordinance establishing the district. Prior to the commencement of the second and each subsequent assessment year, the district board shall prepare and submit a report to the council that shall include the anticipated surplus or deficit from the preceding assessment year as well as any proposed new rate or method of assessment for the next assessment year. The report shall be due by the date set in the ordinance establishing the district or, if the ordinance does not include such a date, the thirtieth day preceding the commencement of the next assessment year. (1) If the proposed assessment for an assessment year does not exceed one hundred ten percent of the preceding assessment year's total annual assessment, the new rate based upon the method of assessment specified in the ordinance establishing the district shall take effect upon the new assessment year. (2) If the proposed assessment for an assessment year exceeds one hundred ten percent of the preceding assessment year's total annual assessment, the district board may recommend to the council a change to the rate or method of apportionment of an existing assessment for a district and the recommendation shall be accompanied by a justification and proposed ordinance of consideration. (3) The council shall review and may approve the ordinance of consideration in accordance with this article. (b) The district board shall have the power to: (1) Determine the annual amount due from each landowner subject to the assessment; and (2) Make an adjustment to the annual amount due when required by the assessment base or formula in the applicable ordinance establishing the district. 35-11