A. After adoption of the resolution establishing the district, the city may proceed with the construction of the improvement unless, at the time the contract for the improvement or the first portion thereof, is to be awarded, the mayor determines the most current estimated costs of the improvement will cause assessable costs within the district to be increased by more than 25 percent.
B. If the estimated assessable costs are increased by more than 25 percent as determined under subsection A and the estimated assessable costs are more than 50 percent of the total estimated cost of the improvement, the record owners of property within the district shall be provided mailed notice of the increase in assessable costs and shall be given an opportunity to file written objections against proceeding with the improvement. Notice shall be mailed by certified mail, return receipt requested. Written objections must be received by the clerk not later than the close of business on the twenty-first day following the date the notice is mailed. If the timely filed objections represent property that would bear 50 percent or more of the total costs of the improvement, the improvement may not be made; except, the council may proceed with the improvement over such objections upon approval of not fewer than three-fourths of the council. If the timely filed protests do not represent parcels that would bear 50 percent or more of the estimated costs of the improvement, or if the estimated assessable costs are 50 percent or less of the estimated costs of the improvement, the city may proceed with the improvement.
C. At any time, the council may increase the city's contribution to the project and such increase shall be taken into account when computing the percentage of the estimated assessable costs.
D. After the award of the contract for the improvement, or the first portion thereof, all increases in the costs of the improvement shall be borne by the property owners and the city in accordance with the formula for spreading the assessment approved by the council.
(Ord. 94-7 (part), 1994)