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The city clerk shall receive written protests, if any, and shall endorse on each protest the date and time it is filed with the city clerk. No protest received after the time fixed for hearing shall be timely, but the council may, in its discretion, consider untimely and oral objections.
(Ord. 1586 §11 (part))
In connection with the hearing provided for the establishment of the maintenance district, owners may protest or be heard as to the establishment of the district, and the boundaries thereof, the fairness of the method of apportioning costs and any other matter related to the proposed establishment of or the administration of the maintenance district.
(Ord. 1586 §11 (part))
At said hearing, the council may make modifications in the method of apportionment for the purpose of making the same more fair and equitable; provided, however, that if such modification is made, before making a final order in said matter it shall set said matter for hearing at a subsequent meeting of the council, which it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place, and purpose of said further hearing, by one publication in a newspaper of general circulation in the city, at least ten (10) days prior to said hearing. If the method of apportionment prescribes a maximum rate of annual benefit assessment and such modification consists solely of a decrease in such maximum rate of annual benefit assessment, the council may order such decrease by resolution, and no notice need be given and no hearing need be had thereon.
(Ord. 1586 §11 (part))
Following the close of hearing, if the council determines that either written or oral objections or protest against the payment of costs of maintenance and operation have been made by the owners of more than one-half of the area of the property in said maintenance district subject to benefit assessment, the proceedings shall be abandoned and no further proceedings shall be taken for a period of six months from the date of such determination of the council following the close of hearing, unless the protests are overruled by an affirmative vote of not less than two-thirds of the members of the council. The council may adjourn the hearing from time to time.
(Ord. 1586 §11 (part))
At the initial hearing or at the subsequent hearing on the modification of the method of apportionment as herein provided or at any meeting to which either shall have been adjourned, or at any meeting of the council subsequent to the close of hearing on said matter, with or without said matter having been submitted, unless the proceedings have been abandoned due to a majority protest as provided by Section 3.80.520, the council shall adopt by resolution a method of apportionment of said annual benefit assessments, which shall be that stated in the resolution of intention, or said separate resolution, or as modified, and its determination shall be final and conclusive against all persons.
(Ord. 1586 §11 (part))
At any time following the establishment of a maintenance district or districts in the manner provided by this chapter, the city council may modify such district or districts either by changing the boundaries of a district, by changing the type or scope of the maintenance work to be performed within a district, by changing the method of apportioning the costs of maintenance work to be performed within a district among the various lots or parcels within the district, and/or by merging two or more districts into one district.
(Ord. 1586 §11 (part), Ord. 1916 §1)
Proceedings to modify a maintenance district or districts following establishment of the district or districts in the manner provided by this chapter shall be initiated by the city council by the adoption of a resolution of intention to make such modification. In such resolution, the city council shall identify the district or districts being modified, shall describe, with particularity, the nature of the modification, shall set a time and place for a hearing on the modification, and shall include a statement that all owners of property which are or will be included within the boundaries of the modified district may protest or otherwise be heard on the modification.
(Ord. 1586 §11 (part), Ord. 1916 §2)
Proceedings to modify a maintenance district or districts established by the city council in the manner provided by this chapter shall be conducted in the manner provided by this chapter for the initial establishment of a maintenance district, except that where the proposed modification consists entirely of a change in a district's boundaries by reason of the inclusion of additional lots and parcels within the district's boundaries, and such boundary change will result in a decrease in the assessment of those lots and parcels already included within the district's boundaries by reason of the fact that the cost of maintenance district work will be spread over a larger number of lots and parcels, the city clerk will not be required to cause a copy of the resolution of intention adopted by the city council in the manner provided for by Section 3.80.550 nor the notice of hearing required by Section 3.80.480 to be mailed to the owners of those lots and parcels already included within the district's boundaries.
(Ord. 1586 §11 (part), Ord. 1916 §3)
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