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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)
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