14-88-301. Appointment of commissioners.

14-88-301. Appointment of commissioners. (a)(1)(A)(i) In the ordinance creating a municipal improvement district, the city or town council shall appoint three (3) owners of real property as commissioners, who shall compose a board of improvement for the district. (ii)(a) The number of commissioners for an improvement district created under this section may be increased from three (3) to five (5) or seven (7) members by: (1) Ordinance of the city or town council; or (2) Petition to the city or town council signed by property owners representing ten percent (10%) or more of the assessed properties in the improvement district and that designates persons to fill the newly created positions on the board of commissioners who shall be property owners of assessed properties in the improvement district. (b)(1) On a board of commissioners whose membership has been increased from three (3) to five (5) or seven (7) members under subdivision (a)(1)(A)(ii)(a) of this section, a commissioner is limited to three (3) three-year terms. (2) The terms shall be initially staggered for terms of one (1) year, two (2) years, and three (3) years as determined by lot, with each term counting toward the three-term limit. (B)(i)(a) Beginning on and after July 1, 1999, in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census, the commissioners serving at that time and any board of commissioners of new districts created after that date shall have terms of office of six (6) years and shall serve until their successors are duly selected and qualified. (b) These terms of office shall begin January 1, 2000, for commissioners serving at that time or the January 1 next following the creation of the district. (ii) For the initial terms, the commissioners shall select one (1) of their number to serve for two (2) years, one (1) to serve for four (4) years, and one (1) to serve for six (6) years. (iii) The names and terms so selected shall be certified to the city clerk on or before January 1 of the applicable year. (iv)(a) Before the end of a commissioner's term, the city council shall appoint an owner of real property in the district as a new commissioner. (b) Except for persons having been removed as a commissioner, any person serving or having served as a commissioner may be reappointed, but need not necessarily be reappointed. (2) In cities operating under a commission form of government, the mayor and city commissioners, by virtue of their offices, shall be commissioners of each improvement district and shall compose the board of improvement of each district. (3) If a property owner or creditor is a corporation, partnership, trust, or other legal entity, any officer, director, trustee, employee, or other designated representative of the entity may be named and appointed as a commissioner. (b) The ordinance may be in the following form: “AN ORDINANCE ESTABLISHING IMPROVEMENT DISTRICT NO. . “WHEREAS, parties claiming to be the owners of two-thirds in assessed value of the property located within the territory hereinafter described have filed a petition praying that an improvement district be established for the purpose hereinafter set out. “WHEREAS, after due notice as required by law, the City (or Town) Council of the City (or Town) of has heard all parties desiring to be heard, and has ascertained that said petition was signed by two-thirds in assessed value of the owners of real property within said territory; “NOW, THEREFORE, BE IT ORDAINED by the City (or Town) Council of the City (or Town) of . “Section 1. There is hereby established an improvement district embracing the following property (here describe territory) for the purpose of (here describe the purpose) “Said district shall be known as Improvement District No. ; and , and are hereby named commissioners, who shall compose the Board of Improvement for said district. “Section 2. This ordinance shall take effect and be in force from and after its passage.” Click to view form.