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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 At the conclusion of the protest hearing, the city clerk shall tabulate the ballots submitted, and not withdrawn, in favor of the proposed assessment district and against the proposed assessment district, after weighting such ballots in the manner hereinbefore provided by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)
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)
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)
At the protest hearing on a proposed maintenance assessment district initiated by a property owner petition, the city council shall receive the city engineer’s report, the property owner’s petition requesting formation of the assessment district, all ballots for and against the assessment district and the city clerk's tabulation of such ballots. In addition, the council may, but shall not be required to, hear the comments made by any owner of property within the boundaries of the proposed maintenance assessment district bearing on the establishment of the assessment district or the administration thereof.
(Ord. 2129)
If, at the conclusion of the protest hearing, the city council finds that the votes cast by property owners within the boundaries of the proposed maintenance assessment district in favor of the assessment district exceed the votes cast by property owners against the assessment district when weighted in the manner required by this chapter, and, in addition, finds that establishment of the district otherwise complies with the requirements of law and is warranted, the city council shall adopt a resolution approving and establishing the assessment district, and such findings shall be final and conclusive as to all persons. If, on the other hand, the city council finds either that the votes cast by property owners within the boundaries of the proposed maintenance assessment district against the assessment district exceed the votes cast by property owners in favor of the assessment district when weighted in the manner required by this chapter, that establishment of the assessment district does not comply with the requirements of law, or that establishment of the assessment district is otherwise not warranted, the city council shall, by motion, abandon further proceedings on the assessment district.
(Ord. 2129)
Upon adoption of a resolution approving the establishment of a maintenance assessment district pursuant to the provisions of this chapter, the city clerk shall cause a notice of the assessment substantially in the form provided for by subpart A through subpart G of section 3.81.130 of this chapter to be recorded in the office of the Butte County recorder whereupon all persons shall be deemed to have notice of the establishment of the assessment district.
(Ord. 2129, Ord. 2151 §6)
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