A. Form and Requirements.

B. Public Hearing. After the notices of the hearing required in this section are given, the council shall hold a public hearing regarding the net beneficial effect to the properties bearing the cost of the proposed business improvement district. The council or city manager shall fix the time and place of the public hearing, which may be continued from time to time as the council may decide. After hearing interested persons, including those favoring or opposing the proposed business improvement district, the council may delete from the district properties not benefited in whole or in part by the district. No change may be made resulting in a district containing petitioners of properties bearing less than 50 percent of the special property tax for the district.

C. Council Action. After the public hearing is closed, the council may adopt an ordinance determining that there is a net beneficial effect to the properties bearing the cost of the proposed business improvement district, that the petition for the improvement has been signed by sufficient and proper petitioners, and that the business improvement district is established. These findings of the council are conclusive. The ordinance must state the description (by tax lot) of the district, the maximum mill rate that may be levied, the term, the services to be provided, and that the city must keep a separate account of all income and expenses of the district. The ordinance may also include such conditions and limitations as the council deems necessary to assure fairness and equity in allocating benefits within the district. The council shall take all necessary action to request the borough assembly to establish the special property tax for the district and inform the assembly of the mill rate and exemptions.

D. Notice. Notice by publication and mail shall be given of any public hearing required in this section. Notice of the public hearing shall be published in a newspaper of general circulation in the city at least once a week for two consecutive weeks before the time fixed for the hearing. The city clerk shall send a written notice by first-class mail at least 15 days before the time of the hearing to persons whose names appear on the current assessment roll as owners of real property within the proposed business improvement district. The notice to be published shall include a summary of the business improvement district, the designation of the properties in the district, the purpose of the public hearing, and the time and place fixed for the public hearing. The notice by mail shall include a summary of the district, the designation of the addressee’s property to be included in the district, the purpose of the public hearing, the amount of estimated annual taxes against the property based on the prior year’s borough tax-assessed value, and the time and place fixed for the public hearing. Each notice shall generally inform the owners that they may object to the action to be taken at the public hearing. (Ord. 05-041 § 3, 2005)