1. (a) The business owners’ association, at any time, may request that the city council modify the district plan. Any modification of the district plan shall be made pursuant to this subpart. The district plan shall not be modified, including the levy of a new or increased benefit assessment, the expansion of the district boundaries, or expansion of the types or classes of business subject to the benefit assessment, except by the request of the business owners’ association.

2. (b) Upon the written request of the business owners’ association, the city council may modify the district plan by adopting a resolution determining to make the modifications after conducting one public hearing on the proposed modifications. If the modification includes the levy of a new or increased benefit assessment, expansion of the district’s boundaries, or expansion of the types or classes of business subject to the benefit assessment, the city council shall comply with the procedures required by Sections 45-49A-82.24 and 45-49A-82.25 and the majority protest procedure provided by Section 45-49A-82.26(e). Notice of all other public hearings pursuant to this section shall comply with both of the following:

   1. (1) The resolution of intention to modify shall be published once at least seven days before the public hearing in a newspaper of general circulation in the city.
   2. (2) A complete copy of the resolution of intention to modify shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner affected by the proposed modification.
3. (c) The city council, prior to the public hearing required by this section, shall adopt a resolution of intention to modify. The resolution shall state the proposed modification. The public hearing shall be held not more than 45 days after the adoption of the resolution of intention to modify.

(Act 2026-410, §11.)