.010 Prior to establishing any area of benefit or facilities plan pursuant to Section 17.08.385, 17.08.435 or 17.08.437 of this Title, the City Council shall hold a public hearing regarding the proposed facilities plan, including the boundaries of the proposed area of benefit. Notice of such public hearing shall be given by mailed notice to each owner of land within the proposed area of benefit, with postage prepaid using addresses from the last equalized assessment roll, or alternatively, from such other records of the assessor or the tax collector as contain more recent addresses. Alternatively, notice may be given by both publication at least ten calendar days before the hearing in a newspaper of general circulation, published within the City and circulated within the proposed area of benefit and by posting such notice in conspicuous places upon property within the proposed area of benefit. Such notice shall contain preliminary information concerning such facilities plan, including the proposed boundaries of the area of benefit, the facilities planned for the area of benefit and estimated costs thereof, and the proposed method of fee apportionment.
.012 At the public hearing the City Council shall consider the testimony, written protests, and other evidence. At the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn or overruled as provided in subsection .014 of this section, determine to establish the Facilities Plan. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, the actual or estimated cost of the facilities, and the method of fee apportionment.
.014 Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be included in the area of benefit, and sufficient protests are not withdrawn nor the boundaries of the area of benefit revised so as to reduce the area represented by the protests to less than one-half of the area to be included in the Facilities Plan, then the proposed proceedings shall be abandoned unless the City Council overrules such majority protest by the affirmative vote of four-fifths of its total members in which event the City Council may proceed to adopt the Facilities Plan.
.016 The procedure set forth in this section shall be an alternative to any other procedure otherwise available under law.
.020 The City Council may from time to time, by resolution, revise or amend the amount of the fees theretofore established and to be collected pursuant to Section 17.08.385, 17.08.435 or 17.08.437 of this Title, provided that any revision or amendment to the method of fee apportionment shall be approved only following a public hearing thereon, duly noticed in the manner set forth in subsection .010 of this section.
.030 Any fees collected by the City pursuant to either Section 17.08.385, 17.08.435 or 17.08.437 of this Title shall be deposited in a public facilities fund for the area of benefit and shall be expended only for the purposes set forth in the facilities plan for such benefit area. (Ord. 4546 § 2; October 16, 1984; Ord. 4748 § 3; August 26, 1986.)