The city council may start proceedings to form a district after receiving a written petition signed by at least 60% of the affected business owners or their authorized representatives.
(a) (1) Upon receipt of a written petition signed by 60 percent or more of the business owners or authorized representatives of the businesses proposed to be subject to the benefit assessment, the city council may initiate proceedings to form a district by adopting a resolution expressing its intention to form a district. (2) Wherever this subpart requires the signature of the business owner, the signature of the authorized representative of the business shall suffice. (3) The city has no obligation to obtain other information as to the ownership of a business, and its determination of ownership as reflected in its records shall be conclusive for the purposes of this subpart in the absence of contrary documentation provided by the owner or authorized representative of the business. (b) The petition of business owners required under subsection (a) shall include a summary of a district plan formulated pursuant to Section 45-49A-82.23. The summary shall include all of the following: (1) A map showing the boundaries of the district. (2) The types or classes of businesses that will be subject to the benefit assessment. (3) The benefit assessment rate for each type or class of business that will be subject to the benefit assessment. If the assessment is based on a percentage of gross business revenue, the rate may not be greater than four percent. (4) Information specifying where the complete district plan may be obtained. (5) Information specifying that the complete district plan shall be furnished upon request. (c) The resolution of intention described in subsection (a) shall contain all of the following: (1) A brief description of the proposed activities and improvements. (2) The estimated amount of the proposed benefit assessment. If the assessment is based on a percentage of gross business revenue, the rate may not be greater than four percent. (3) A statement describing the businesses within the proposed district which will be subject to the benefit assessment. (4) A description of the boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the city council. (5) A time and place for a public hearing on the establishment of the district and the levy of the benefit assessment. (d) The descriptions and statements required by subdivisions (c)(1) through (4) shall be sufficient if they enable a business owner to generally identify the nature and extent of the activities and improvements and the location and extent of the proposed district.