.010 At the public hearing, the City Council shall hear and consider all protests against the establishment of the district, the extent of the district, or the furnishing of specified types of improvements or activities within the district. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made.
.020 Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing.
.030 Each written protest shall contain a description of the affected business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest.
.040 If written protests are received from the owners of businesses in the proposed area which are projected to pay 50 percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent (50%), no further proceedings to create the specified tourism improvement district or to levy the proposed assessment, as contained in the resolution of intention, shall be taken for a period of one (1) year from the date of the finding of a majority protest by the City Council. In order to determine the projected assessments for purposes of establishing voting percentages, the City shall make projections based on the prior three-year average of revenues for the applicable businesses. Since such information is proprietary, the City, alone, will determine the total percentage protest and provide such at the hearing on the resolutions of formation.
.050 If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the district, those types of improvements or activities shall be eliminated. (Ord. 6174 § 1 (part); July 27, 2010.)