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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)
At any time following the establishment of a maintenance assessment district in the manner provided by this chapter, the city council may modify such assessment district either by changing the boundaries of the assessment district, by changing the type or scope of public improvements to be operated and maintained with annual assessment district revenues, or by changing the method of apportioning the costs of operating and maintaining such improvements among the various lots and parcels within the boundaries of the assessment district.
(Ord. 2129)
Proceedings to modify a maintenance assessment district following establishment of the assessment district in the manner provided by this chapter shall be initiated by the city council by the adoption of a resolution of intention to make such modification. In such resolution, the city council shall identify the maintenance assessment district being modified, shall describe, with particularity, the nature of the modification, shall set a time and place for a hearing on the modification, and shall include a statement that all owners of property which are or will be included within the boundaries of the modified assessment district may protest or otherwise be heard on the modification.
(Ord. 2129)
Proceedings to modify a maintenance assessment district established by the city council in the manner provided by this chapter shall be conducted in the same manner provided by this chapter for the initial establishment of an assessment district following adoption by the city council of a resolution of intention to establish the assessment district.
(Ord. 2129)
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