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Proceedings to establish a maintenance assessment district pursuant to the provisions of this chapter may be commenced by the city council by adoption of a resolution of intention. Such resolution shall include a description of the proposed maintenance assessment district boundaries and a description of the public improvements to be maintained with assessment district revenues. In addition, such resolution shall direct the city engineer to promptly prepare a city engineer’s report on the proposed maintenance assessment district in the manner hereinafter required by this chapter. Immediately following the adoption of such resolution of intention, the city clerk shall forward a copy of same to the city engineer.
(Ord. 2129)
Proceedings to establish a maintenance assessment district pursuant to the provisions of this chapter may also be initiated by petition of the owner or owners of all of the property specially benefitted by the public improvements to be maintained with assessment district revenues in the manner hereinafter provided by this chapter.
(Ord. 2129)
Prior to filing a petition to establish a maintenance assessment district, the person or persons proposing to circulate and/or file such petition shall file a notice of intention to file a property owner petition with the city clerk. Such notice of intention shall include a description of the proposed assessment district boundaries, a description of the public improvements to be maintained with assessment district revenues, and the name, mailing address, E-mail address, if any, and telephone number of the person or persons filing such notice. In addition, such notice shall be accompanied by a filing fee in an amount equal to the estimated costs of preparing and reviewing the engineer's report required for the establishment of a maintenance assessment district in the manner provided for by this chapter, all as determined or calculated from the maintenance assessment district fee schedule adopted by resolution of the city council. Immediately following the filing of such notice of intention, the city clerk shall forward a copy of same to the city engineer.
(Ord. 2129)
A petition to establish a maintenance assessment district pursuant to the provisions of this chapter shall be executed by the person or persons owning all of the property or properties within the proposed boundaries of the assessment district and shall be filed in the office of the city clerk. In addition to requesting establishment of the maintenance assessment district, such petition shall describe the boundaries of the proposed assessment district, shall describe the public improvements to be maintained with assessment district revenues, shall set forth the total amount of the annual assessments necessary to maintain such improvements, shall describe the method by which such annual assessments will be apportioned according to estimated benefits among the various lots or parcels then located or thereafter established within the assessment district boundaries, all in the manner provided for in the report of the city engineer, and shall be approved as to form by the city attorney.
A petition to establish a maintenance assessment district pursuant to the provisions of this chapter may also include a waiver of the right of the petitioner or petitioners to any notice of the protest hearing on the assessment district to be convened before the city council at the time and in the manner hereinafter required by this chapter, and may also authorize the city clerk, upon receipt of the petition, to record the petition as the vote of the petitioner or petitioners in favor of establishment of the assessment district at such protest hearing, all at the option of the petitioner or petitioners.
(Ord. 2129)
Promptly following the adoption of a council resolution of intention to establish a maintenance assessment district or promptly following the filing of a property owner notice of intention to file a petition to establish such an assessment district in the manner provided by this chapter, the city engineer shall prepare a report setting forth all of the following information:
A. A map of the proposed assessment district which shall indicate by a boundary line the extent of all property which will be specially benefitted by the public improvements to be operated and maintained with annual assessment district revenues;
B. A detailed description of the type and location of the public improvements to be operated and maintained with such revenues;
C. The total annual assessments required to operate and maintain such public improvements, as well as the reasons for such assessments;
D. The method used to calculate the assessment against any lot or parcel of property within the boundaries of the assessment district according to such lot or parcel's proportional benefit from such public improvements, as well as the annual assessment to be levied against any existing or proposed lot or parcel within the boundaries of the assessment district, calculated in accordance with such method of apportionment;
E. A statement of the method of calculating any increase in the amount of the total annual assessment as well as any increase in an annual assessment levied against a particular lot or parcel within the boundaries of the assessment district to account for inflation as hereinafter required by this chapter;
F. A statement that if the actual cost of operating and maintaining such public improvements during any year the assessment district remains in effect is less than the assessment levied for that year, the difference between the actual cost of operating and maintaining the public improvements and the assessment levied for that year shall be credited against the assessments levied during the next succeeding year in the manner hereinafter required by this chapter; and,
G. The termination date of such assessment district if of limited duration, or a statement that the assessment district will continue from year to year until dissolved by the city council if the assessment district is not one of limited duration.
(Ord. 2129)
Upon completion of the city engineer’s report on a proposed maintenance assessment district prepared in response to a resolution of intention to establish a maintenance district adopted by the city council, the city engineer shall file the original report with the city clerk who shall present copies of the report to the city council for its consideration at the time of the initial hearing on the maintenance assessment district, and make copies of the report available to any owner of property located within the boundaries of the proposed assessment district requesting same.
(Ord. 2129)
Upon completion of the city engineer’s report on a proposed maintenance assessment district prepared in response to a notice of intention to file a petition for the establishment of a maintenance assessment district, the city engineer shall file the original report with the city clerk who shall promptly serve a copy or copies of the report on the person or persons who filed the notice of intention. If, following consideration of such report by the person or persons having filed the notice of intention, such persons proceed to file a petition to establish such assessment district, the city clerk shall present copies of the city engineer's report to the city council at the time of the protest hearing on the proposed assessment district.
(Ord. 2129)
Immediately following receipt of the report of the city engineer on a proposed maintenance assessment district initiated by a resolution of intention adopted by the city council, the city clerk shall schedule the matter for public hearings before the city council as follows:
A. The city clerk shall schedule the matter for an initial public hearing on the proposed assessment district before the city council no earlier than 45 days nor later than 90 days after the receipt of such report and serve a notice of proposed assessment on each owner of property within the boundaries of the proposed assessment district in the manner hereinafter required by this chapter.
B. The city clerk shall also schedule the matter for a final protest hearing no earlier than 7 days nor later than 45 days after the initial public hearing on the proposed assessment district conducted in the manner hereinafter required by this chapter.
(Ord. 2129)
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