Title 45
Towns and Cities

Chapter 59.1
Tourism Improvement Districts

§ 45-59.1-5. Contents of tourism improvement district plan.

A tourism improvement district plan shall include, but not be not limited to, all of the following:

(1) A map that identifies the tourism improvement district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the tourism improvement district boundaries. The boundaries of a tourism improvement district may overlap with other tourism improvement districts established pursuant to this chapter.

(2) The name of the proposed tourism improvement district.

(3) The name of the owners’ association.

(i) Where a newly formed nonprofit corporation is designated as the owners’ association, the certificate of incorporation or bylaws shall provide that the owners’ association’s governing board shall be composed of a majority of business owners, or their authorized representatives, who pay the tourism improvement district assessment.

(ii) Where an existing nonprofit corporation is designated as the owners’ association, the nonprofit shall create a committee composed of a majority of businesses owners, or their authorized representatives, who shall be charged with managing the funds raised by the tourism improvement district and fulfilling the obligations of the tourism improvement district plan.

(iii) The owners’ association shall have full discretion to select the specific activities and improvements within the authorized parameters of the tourism improvement district plan that shall be funded with tourism improvement district assessment revenue.

(4) The activities and improvements proposed for each year of operation of the tourism improvement district and the estimated cost thereof. If the activities and improvements proposed for each year of operation are the same, a description of the first year’s proposed activities and improvements and a statement that the same activities and improvements are proposed for subsequent years shall satisfy the requirements of this subsection.

(5) The estimated annual amount proposed to be expended for activities and improvements during each year of operation of the tourism improvement district. This amount may be estimated based upon the assessment rate. If the estimated annual amount proposed to be expended in each year of operation of the tourism improvement district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subsection.

(6) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each business owner to calculate the amount of the assessment to be levied against their business. The tourism improvement district plan may set forth increases in assessments for any year of operation of the tourism improvement district. Any business of the type or class of businesses that are subject to the assessment that commences operations during the tourism improvement district’s term shall be subject to the assessment.

(7) The time and manner of collecting the assessments and any interest or penalties for nonpayment.

(8) The specific number of years in which assessments will be levied. In a new tourism improvement district, the maximum number of years shall be ten (10). Upon renewal, a district shall have a term not to exceed twenty (20) years. The tourism improvement district plan may set forth specific increases in assessments for each year of operation of the district.

(9) Any proposed rules to be applicable to the tourism improvement district.

(10) A definition describing the types or classes of businesses to be included in the tourism improvement district and subject to the tourism improvement district assessment.