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§45-59-5  Contents of petition – Signers. –

Published: 2015

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Towns and cities


District Management Authorities

SECTION 45-59-5

   § 45-59-5  Contents of petition –

Signers. –

(a) The written petition will be signed by persons who own real property

located within the proposed district, and if the petition provides for one or

more subdistricts, within the subdistricts, constituting, in the aggregate,

sixty percent (60%) of the aggregate assessed valuation of all real property,

not exempt from taxation by law. The written petition will set forth:

   (1) A statement requesting the creation of a management

district and a district management authority.

   (2) The name of the district management authority.

   (3) A description of the proposed management district and any

subdistrict sufficient to reasonably identify the boundaries of the proposed

district and a map delineating the boundaries of the management district and

any subdistrict. The boundaries of a district or subdistrict may be described

by reference to streets or highways.

   (4) The purposes for which the district management authority

is to be created which may be all of the purposes set forth in this chapter or

only those specifically set forth in the petition. The purposes of the district

management authority in any subdistrict may be different from those in a

management district.

   (5) Any limitations on the powers of the district management

authority which may include limitations on the amount of the special tax

assessment which the district management authority is permitted to make.

   (6) A statement that more than fifty percent (50%) of area of

the land located within the proposed district is devoted to commercial and

retail uses.

   (7) The factors upon which the special tax assessment

provided in this chapter will be based which factors may be any one or a

combination of: (i) assessed valuation as of the date provided in §

44-5-1, (ii) square footage of land or improvements, (iii) linear footage along

street fronts, (iv) formulas reflecting that different areas or zones within

the management district will have greater or lesser benefit from the activities

to be undertaken by the district management authority, (v) formulas

establishing different assessment levels for different classes of real

property, or (vi) any other method which reasonably apportions the expenses of

the activities of the district management authority among the owners of real

property within the management district which is benefited by the activities of

the district management authority. Different factors may be used for the

purposes of a special tax assessment in a subdistrict.

   (8) The name of a non-profit corporation designated by the

petitioners as being representative of the business community within the

municipality which will have the appointive powers provided in this chapter

with respect to the governing board. The non-profit organization will be one

which has qualified under § 501(c) of the Internal Revenue Code of 1986

[26 U.S.C. § 501(c)], as amended, and has received a

determination letter from the Internal Revenue Service confirming its status

(which determination letter continues to be in full force and effect.)

   (b) In addition, the petition may designate one or more

persons who are authorized on behalf of the petitioners to modify or amend the

petition prior to the passage of the ordinance or resolution.

History of Section.

(P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.)