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The City Manager shall cause notice of the time and place of the hearing with respect to the formation of an assessment district to be given as follows:
(A) Giving of notice.
(1) Written notice shall be given by personal service or served by depositing the same, postage prepaid, in the custody of the U.S. Postal Service, addressed at the last-known address of each person whose name appears on the most recent Los Angeles County equalized assessment roll as the owner of a lot which is proposed for inclusion within the district; and/or
(2) A notice shall be published in a news-paper of general circulation in the city at least once, at least ten days in advance of the date set for the hearing.
(B) Contents. Notices shall contain a statement:
(1) Of the nature and name of the proposed district and a summary of the information contained in the feasibility report; and
(2) Advising where a copy of the feasibility report is available for inspection; and,
(3) The date, time and place of the hearing; and,
(4) That all persons interested in the pro-posed assessment district are invited to attend the hearing and present their views on whether or not such assessment district should be created.
('86 Code, § 3.50.125) (Ord. 3997, passed - - ; Am. Ord. 4047, passed - - )
Any inadvertent failure of any lot owner to actually receive the notice required pursuant to division (A)(1) of § 3.50.125 hereof shall not invalidate proceedings taken pursuant to the provisions of this chapter.
('86 Code, § 3.50.128) (Ord. 3997, passed - - )
(A) At the time set for the hearing, the City Council shall cause to be presented a full and accurate statement by the City Manager or other person designated by him, of all the information relating to the assessment district as proposed. Thereafter, any person who has filed a protest may present any relevant oral or documentary evidence bearing upon the question as to whether the proposed district should be formed.
(B) Based upon the feasibility report and other material presented at the time of the hearing, the City Council shall form the district if it finds:
(1) That the public interest, convenience and necessity require the formation of such district; and
(2) That the improvement(s) proposed is required as necessary; and
(3) That the total estimated assessment is reasonable; and
(4) The assessment proposed on each lot is based upon a fair and reasonable benefit formula.
(C) The City Council may, prior to the close of the hearing, for good cause, modify the boundaries proposed for the district by excluding lots therefrom and/or by modifying the benefit formula.
(D) If the City Council determines that written protests have been filed by the owners of lots which would be liable for more than 50% of the total estimated assessment proposed to be imposed upon the district, it shall terminate the proceedings, unless by a four-fifths vote of all members of the City Council, such protests are expressly overruled by the City Council.
('86 Code, § 3.50.130) (Ord. 3997, passed - - )
Where the City Council determines, after the hearing, to form an assessment district, it shall do so by resolution which shall contain the following:
(A) The name of the district;
(B) The boundaries of the district;
(C) A map describing the boundaries of the district;
(D) The nature of the improvement(s) proposed to be constructed; and
(E) The legal description of the lots included within such district. The resolution shall be recorded in the office of the registrar-recorder of the county of Los Angeles by the City Clerk.
('86 Code, § 3.50.135) (Ord. 3997, passed - - )
Upon adoption of the resolution forming the district, the City Manager shall submit to the City Council for approval, an assessment diagram and assessment roll. The assessment diagram and assess-ment roll shall include a description of each lot included in the district, and a proposed assessment for each such lot based upon the formula for the spread of such assessment as is set forth in the resolution of intention.
('86 Code, § 3.50.140) (Ord. 3997, passed - - )
The City Council, after forming an assessment district, shall, by resolution, order the performance of the work contemplated by the assessment district. The improvement(s) shall be constructed in a manner consistent with the provisions of the City Charter, the Municipal Code, and other applicable laws. The City Council shall select the method of constructing the improvement(s) which is most economical and con-sistent with the requirement of a high quality of workmanship in the construction thereof. Notwith-standing any other provision of law or this chapter, the City Council may contract directly with any public utility for the construction, in conjunction with an assessment district, of an improvement(s) of the type customarily constructed by that contracting utility.
('86 Code, § 3.50.145) (Ord. 3997, passed - - )
(A) The City Council shall retain jurisdiction to modify:
(1) The boundaries of an assessment district after the same is formed, and/or
(2) The nature of the improvement(s) proposed to be constructed.
(B) The provisions of Cal. Sts. & High. Code §§ 10350 through 10358, inclusive, of the Municipal Improvement Act of 1913 are incorporated herein by this reference, and shall apply to changes as defined therein with reference to a district.
('86 Code, § 3.50.150) (Ord. 3997, passed - - )
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