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NS-2771
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NS-2771
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Last modified
1/3/2012 1:00:23 PM
Creation date
8/20/2008 10:20:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2771
Date
8/18/2008
Destruction Year
Perm
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<br />the renewed district does not include parcels or businesses included in the prior district. <br />the remaining revenues attributable to these parcels shall be refunded to the owners of <br />these parcels or businesses. <br /> <br />(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the <br />district is authorized to issue bonds, until the maximum maturity of those bonds. There <br />is no requirement that the boundaries, assessments, improvements, or activities of a <br />renewed district be the same as the original or prior district. <br /> <br />Sec. 13-214. Dissolution of District. <br />(a) Any district established or extended pursuant to the provisions of this part, <br />where there is no indebtedness. outstanding and unpaid, incurred to accomplish any of <br />the purposes of the district, may be disestablished by resolution. If the City Council <br />finds there has been misappropriation of funds, malfeasance, or a violation of law in <br />connection with the management of the district, it shall notice a hearing on <br />disestablishment. <br /> <br />(b) The City Council shall adopt a resolution of intent to disestablish the <br />district prior to the public hearing required by this section. The resolution shall state the <br />reason for the disestablishment, shall state the time and place of the public hearing, and <br />shall contain a proposal to dispose of any assets acquired with the revenues of the <br />assessments levied within the property and business improvement district. The notice <br />of the hearing on disestablishment required by this section shall be given by mail to the <br />property owner of each parcel or to the owner of each business subject to assessment <br />in the district, as appropriate. The city shall conduct the public hearing not less than 30 <br />days after mailing the notice to the property or business owners. The public hearing <br />shall be held not more than 60 days after the adoption of the resolution of intent. <br /> <br />(c) Upon the disestablishment of a district, any remaining revenues, after all <br />outstanding debts are paid. derived from the levy of assessments, or derived from the <br />sale of assets acquired with the revenues, or from bond reserve or construction funds. <br />shall be refunded to the owners of the property or businesses then located and <br />operating within the district in which assessments were levied by applying the same <br />method and basis that was used to calculate the assessments levied in the fiscal year in <br />which the district is disestablished. All outstanding assessment revenue collected after <br />disestablishment shall be spent on improvements and activities specified in the <br />management district plan. <br /> <br />(d) If the disestablishment occurs before an assessment is levied for the fiscal <br />year, the method and basis that was used to calculate the assessments levied in the <br />immediate prior fiscal year shall be used to calculate the amount of any refund. <br /> <br />Section 3. If any section. subsection, sentence. clause, phrase or portion of <br />this ordinance is for any reason held to be invalid or unconstitutional by the decision of <br /> <br />Ordinance No. NS-2771 <br />Page 11 of 12 <br />
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