3.81.120 Hearings on establishment of assessment district - Proposed assessment district initiated by property owner petition.

   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)

3.81.130 Notice of proposed assessment and hearing on proposed assessment.

   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)

3.81.140 Preparation and distribution of assessment district ballots.

   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)

3.81.150 Return of ballots.

   All ballots cast by an owner of property within the boundaries of a proposed maintenance assessment district must be received by the city clerk no later than the day of the protest hearing, regardless of whether such ballot is personally returned to the city clerk or returned to the city clerk by mail. Ballots may be submitted, changed, or withdrawn prior to the conclusion of the public testimony on the proposed assessment at the protest hearing. Any ballot delivered to the city clerk after the conclusion of the public testimony at the protest hearing shall be deemed invalid.

(Ord. 2129, Ord. 2156 §1)

3.81.160 Tabulation and certification of ballot results.

   Upon receipt of a ballot cast by the owner of property within the boundaries of a proposed assessment district, the city clerk shall determine the weight of such ballot based on a proportion equal to the ratio between the amount of the proposed annual assessment to be borne by the owner of the property casting such ballot and the total amount of the proposed annual assessments to be borne by all owners of property within the boundaries of the proposed assessment district. At the conclusion of the protest hearing, the city clerk shall tabulate the ballots submitted, and not withdrawn, in favor of the proposed assessment district and against the proposed assessment district, after weighting such ballots in the manner hereinbefore provided by this section, and shall certify the results of such tabulation in writing to the city council at such time as the protest hearing is concluded.

(Ord. 2129, Ord. 2156 §2)

3.81.170 Conduct of initial hearing on proposed assessment district initiated by resolution of the city council.

   At the initial hearing on a proposed maintenance assessment district initiated by resolution of the city council, the city council shall receive and consider the city engineer's report on the proposed assessment district, as well as all comments on such report or any other matter relevant to the establishment of the proposed assessment district made by the owners within the boundaries of the proposed assessment district. At the conclusion of the hearing, the city council shall either approve the city engineer's report as presented, approve the city engineer’s report with such modifications to such report as the city council determines to be necessary in order comply with the requirements of law, or abandon further proceedings on the proposed maintenance assessment district if the council determines that the district cannot be established in a manner that complies with the requirements of law or that establishment of the assessment district is not otherwise warranted.

   If, at the conclusion of such hearing, the city council determines to modify any provision of the city engineer’s report bearing on the reasons for the proposed maintenance assessment district, the total amount of the annual assessment chargeable to the entire assessment district, the method used to calculate the annual assessment against any lot or parcel of property within the boundaries of the assessment district, the amount of the assessment levied against any lot or parcel within the assessment district, or the duration of the assessment district, the city clerk shall promptly cause notice of such modification to be served on each owner of property within the assessment district affected by such modification prior to the protest hearing on the assessment district. Similarly, if at the conclusion of such hearing, the city council determines to abandon further proceedings on the proposed maintenance assessment district, the city clerk shall promptly serve notice thereof on all property owners within the boundaries of the proposed assessment district.

(Ord. 2129)

3.81.180 Conduct of protest hearing - Proposed assessment district initiated by resolution of the city council.

   At the protest hearing on a proposed maintenance assessment district initiated by resolution of the city council, the city council shall receive copies of all ballots for and against the assessment district and the city clerk’s tabulation of such ballots. In addition, the council shall hear further comments from the owners of property within the boundaries of the proposed maintenance assessment district on any matter bearing on the establishment of the proposed assessment district or the administration thereof.

(Ord. 2129)