Chapter 35 Business Improvement Districts

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BUSINESS IMPROVEMENT DISTRICTS § 35-37 Article 5. Proceedings to Annex Land. Section 35-37. Authorization to annex; contiguity not required. The council may annex an area of land to an existing district in accordance with this article. The annexed land need not be contiguous to the existing district. (2004, ord 04-94, sec 1.) Section 35-38. Ordinance of annexation. Upon request of the district board, if the council determines that the public convenience and necessity require the addition of land to an existing district, the council may approve an ordinance of annexation adding the land. The ordinance of annexation adding land to an existing district shall be deemed an amendment of the ordinance of formation for that district. (2004, ord 04-94, sec 1.) Section 35-39. Contents of proposed ordinance of annexation. (a) A proposed ordinance of annexation shall do all of the following: (1) State the name and term of the existing district; (2) Describe the boundaries of the existing district and the area proposed to be annexed; (3) Identify the supplemental services and improvements provided and financed by the existing district, the supplemental services and improvements to be provided and financed by the area proposed to be annexed, and the supplemental services and improvements to be provided and financed in common by both; (4) Specify the proposed new special assessment which will be levied within the area proposed to be annexed; and (5) Specify any proposed change to the special assessment within the existing district as a result of the proposed annexation. (b) The assessment rate in the existing district shall not be increased as a result of annexation proceedings pursuant to this article. (2004, ord 04-94, sec 1.) Section 35-40. Notice of hearing on proposed ordinance of annexation. (a) The council shall fix the time and place for a hearing on the proposed ordinance of annexation. The date of the hearing shall not be less than thirty or more than ninety days from the date of introduction of the proposed ordinance. (b) The County clerk shall publish notice of the hearing in the same manner as required under section 35-12 for notice of a hearing to owners of land within a proposed district. In addition, the County clerk shall mail the notice to each owner of land assessed or proposed to be assessed in the existing district and area proposed to be annexed. The notice shall be mailed at least fifteen days before the hearing in the manner described in section 35-12. 35-17