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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)
Immediately following receipt of a petition to establish a maintenance assessment district executed and filed in the manner required by this chapter, the city clerk shall ordinarily cause the matter to be scheduled for a protest hearing before the city council at the first regular meeting of the city council occurring not less than 45 days following the filing of such petition. However, if the petition to establish the maintenance assessment district includes a waiver of the right of the petitioner or petitioners to any notice of such protest hearing, and authorizes the city clerk to record the petition as the vote of the petitioner or petitioners in favor of the assessment district, the city clerk shall cause the matter to be scheduled for a protest hearing before the city council as soon as practical.
(Ord. 2129)
At the time of setting a hearing or hearings on the establishment of a maintenance assessment district in the manner required by this chapter, the city clerk shall serve each owner of property within the boundaries of the proposed assessment district with a written notice of proposed assessment. Such notice shall set forth the date, time and place of such hearing or hearings, and shall include all of the following information bearing on the proposed maintenance assessment district and proceedings to establish such assessment district:
A. A map of the assessment district;
B. A description of the type and location of all of the public improvements to be operated and maintained with annual assessment district revenues;
C. The total annual assessment chargeable to the entire district as well as the reasons for such assessment;
D. A statement of the method used to calculate the annual 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 each and every 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;
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; and
H. An explanation of the right of each property owner within the boundaries of the proposed assessment district to cast a ballot in favor of or against such assessment district, a summary of the procedures applicable to the completion and return of ballots, the last day for returning ballots, a description of the manner in which ballots will be weighted and tabulated, and a statement that if, after the ballots are weighted and tabulated in the manner described therein, a majority of the ballots submitted in opposition to the proposed assessment district exceeds the ballots submitted in favor of the proposed assessment district, proceedings on the proposed assessment district will be abandoned.
(Ord. 2129)
At the time of setting a hearing or hearings on the establishment of a maintenance assessment district in the manner required by this chapter, the city clerk shall also serve each owner of property within the boundaries of the proposed assessment district with an assessment district ballot. Such ballot shall include a place where a property owner may set forth such owner’s name, reasonable identification of the lot or parcel within the boundaries of the proposed assessment district which is owned by such person, and such person’s vote in favor of or in opposition to the proposed assessment district. Along with such ballot, the city clerk shall serve each owner of property within the boundaries of the proposed assessment district with a ballot envelope containing the address where such ballot may be mailed or personally delivered to the city clerk for tabulation.
(Ord. 2129, Ord. 2268)
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