§ 40.5. District Formation Procedures.

Before adopting an ordinance creating a neighborhood improvement district, Council must create an exploratory committee for each proposed district and receive a report from the respective committee as described in this section.

Creation of an exploratory committee. Each exploratory committee must be created by resolution of Council. District exploratory committees must have at least three, but no more than five members. Members of the exploratory committee must be either a resident within the proposed district, an owner of real property within the proposed district, an owner, director, or officer of a business located within the proposed district, a representative of one of the foregoing, or a person with some recognizable and concrete stake in the future of the district. Members of the committee must be appointed by the Mayor and approved by Council. The resolution must set a date by which the committee must submit its report to Council. Exploratory committees must conduct their business in accordance with applicable state and local laws. The chief administrative officer shall provide the committee with reasonable administrative support and should, at a minimum, assign members of City staff to act as an executive secretary and as a recording secretary.

Duties of the committee. Each exploratory committee must, at a minimum, undertake the following activities:

(a)

Conduct at least four public meetings, either at City Hall, or within a publically owned and publically accessible hall within the proposed district.

(b)

Conduct at least two public hearings, either at City Hall, or within a publically owned and publically accessible hall within the proposed district. The public hearings must afford the opportunity for affected persons to testify on the proposed district. Notice of the public hearings must be provided in a manner determined by the committee and likely to apprise interested parties of the opportunity to be heard. Testimony and evidence provided by interested parties should be included within the committee's final report to Council.

(c)

Gather or create information, data, maps, plans, studies, and capital improvements plans as necessary to adequately inform Council of the need for a district.

(d)

Produce and issue a report to Council, as described by the section.

Committee report. Each exploratory committee must issue a report to Council that contains, at a minimum, the following information and recommendations:

(a)

Whether a neighborhood improvement district is desirable.

(b)

A description of the goals and purposes of the proposed district.

(c)

Whether the City's Growth Management Plan must be amended to accommodate the establishment of the district.

(d)

The district's proposed boundaries as required by section 163.506(1)(a), Florida Statutes.

(e)

The district's proposed size as required by section 163.506(1)(a), Florida Statutes.

(f)

The district's proposed name as required by section 163.506(1)(a), Florida Statutes.

(g)

The proposed composition of the advisory council to the board of directors as required by section 163.506(1)(a), Florida Statutes.

(h)

Which if the powers authorized by section 163.514, Florida Statutes, and not otherwise prohibited by this article, should be granted or prohibited to the district as required by section 163.506(1)(g), Florida Statutes.

(i)

The proposed duties of the advisory council as required by section 163.506(2), Florida Statutes.

(j)

The composition of the district's board of directors as required by section 163.506(3), Florida Statutes.

Each ordinance creating a neighborhood improvement district shall be codified as an article contained within this chapter.

(Ord. No. 2011-3, § 1, 3-28-2011, Doc. #1103281101)