A. Proceedings for the formation of a benefit assessment district shall be initiated by resolution. The Resolution of Initiation shall:
1. Propose the formation of a benefit assessment district pursuant to this Chapter.
2. Describe the improvements or services or both.
3. Describe the proposed district, and including a distinctive designation for the district. The descriptions need not be detailed but shall be sufficient if they enable the engineer to generally identify the nature, location, and extent of the improvements and the location and extent of the benefit assessment district.
4. Order the engineer to prepare and file a report in accordance with § 15.01.055.
B. Upon completion, the engineer shall file a report with the Clerk for submission to the City Council.
C. After the filing of the engineer's report with the City Clerk, the City Council shall adopt a resolution of intention. The Resolution of Intention shall:
1. Declare the intention of the City Council to order the formation of a benefit assessment district and to levy and collect assessments pursuant thereto.
2. Approve the report of the engineer. The City Council may approve the report as filed, or it may modify the report in any particular and approve it as modified.
3. Generally describe the improvements or services or both.
4. Refer to the proposed district by its distinctive designation and indicate the general location of the district.
5. Refer to the report of the engineer, on file with the Clerk, for a full and detailed description of the improvements or services, or both, the boundaries of the benefit assessment district, and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.
6. If debt is to be issued, declare the necessity for the indebtedness, the purpose for which the debt is to be incurred, the amount of the proposed debt, specify the rate or maximum rate of interest which debt shall bear, and maximum number of years of the debt.
7. Give notice of, and fix a time and place for, a hearing by the City Council on the question of the formation of the assessment district and the levy of the proposed assessment.
D. The Clerk shall give notice of hearing by causing the Resolution of Intention, or summary thereof, to be published, posted, and mailed as provided in § 15.01.050.
E. Prior to the conclusion of the hearing, any interested person may file a written protest with the Clerk, or having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned.
F. The City Council shall hold the hearing at the time and place fixed in the Resolution of Intention and in any order continuing the hearing. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests and communications made or filed by any interested persons.
G. During the course or upon the conclusion of the hearing, the City Council may order changes in any of the matters provided in the engineer's report, including changes of the improvements or services, or both, the boundaries of the proposed assessment district and any zones therein, and the proposed diagram or proposed assessment. The City Council may, without further notice, order the exclusion of territory from the proposed district, but shall not order the inclusion of any additional territory within the district except upon written request by property owner for the inclusion of his or her property or upon the giving of mailed notice of hearing to affected property owners upon the question of the inclusion of their property in the district.
H. Upon the conclusion of the hearing, the City Council shall determine whether a majority protest exists in accordance with the requirements of the Proposition 218 Omnibus Implementation Act beginning with Gov't Code § 53750 and Article XIIID of the California State Constitution.
I. If a majority protest has not been found, the City Council may adopt a resolution ordering the improvements or services, or both, and the formation of a benefit assessment district and confirming the diagram and assessment, either as originally proposed or as changed. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.
J. Upon the passage of the resolutions provided for in this Section, the City Clerk shall record the diagram and a notice of assessment as provided for in Cal. Sts. & High. Code § 3114, whereupon the assessment shall attach as a lien upon the property assessed, as provided in the Cal. Sts. & High. Code § 3115.
K. Whenever a railroad, gas, water or electric utility right-of-way is included within the benefit assessment district, the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be included in the initiating resolution, the engineer's report, and the resolution of intention. The railroad, gas, water, or electric utility right-of-way or electric line right-of-way shall be assessable only if, and to the extent, it is found it will benefit from the installation and maintenance of the proposed improvement. Any railroad, gas, water, or electric utility right-of-way or electric line right-of-way so assessed shall be subject to the same penalties, and the same procedure and sale, in the event of delinquency as other parcels in the benefit assessment district. In determining whether or not the railroad, gas, water, or electric utility right-of-way or electric line right-of-way benefits, its use as a right-of-way for a railroad, gas, water, or electric utility shall be presumed to be permanent.
('65 Code, § 33I-12) (Ord. No. 87-012 § 1; Ord. No. 91-014, §§ 15—18; Ord. No. 2012-004 § 1 (part))