At any time not later than the hour fixed in the Ordinance of Intention for hearing protests any person interested, objecting to:
(a) the proposed work or improvement,
(b) the costs thereof,
(c) the manner of making the proposed assessment,
(d) the estimated assessment against any of the lots or parcels of land, or
(e) the extent of the Assessment District,
may make written protests. Such written protest must be filed with the City Clerk not later than said time, must contain a description of the property in which each signer thereof is interested and set forth the nature of the signer’s interest therein, and in case any signature is made by an agent, there must be attached to the protest the affidavit of such agent that the agent is duly authorized to sign such protest. Any protest not complying with the foregoing requirements need not be considered by the Council. The City Clerk shall endorse on every such protest the time of its reception by the City Clerk and at the time fixed for the hearing the City Clerk shall present to the Council all protests so filed with the City Clerk.
The Council shall hear and consider said protests at said meeting, or at any time to which the hearing thereof may be continued and pass upon the same and its decision thereon shall be final and conclusive; provided, however, that if the Council finds that protests against the proposed work or the cost thereof are filed by the owners of more than one half of the area of the property to be assessed for said improvements, and protests are not withdrawn so as to reduce the same to less than a majority, no further proceedings shall be taken and the Council shall be barred for a period of six months from the date of the filing of such majority protest from instituting any proceedings for the same improvement, unless such protests are overruled by an affirmative vote of four fifths of the members of the Council, or unless the owners of a majority of such property shall, in the meantime, petition for such improvement to be made. Any interested person may withdraw the person’s protest in writing at any time before the conclusion of the said hearing.
If protests are filed by the owners of less than a majority of such area, and such protests are sustained, no further proceedings shall be had under said Ordinance of Intention, but a new Ordinance of Intention for the same improvement may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made.
If any of the written protests as provided in this section should be against the manner of making the proposed assessment, or the amount of the estimated assessment to be levied against any lot or parcel of land, or the extent of the Assessment District, the Council may by resolution change or modify any of the proposed assessments, or may change the boundaries of the Assessment District as hereinafter provided.
Any person interested whose property is to be assessed to pay the costs and expenses of the proposed work may, at the time fixed in the resolution of intention for hearing of objections to the proposed work, appear before the legislative body and make objection to the proposed grade or proposed modification of grade. A failure to make objection at that time shall be deemed to be a waiver of all objections to the proposed grade or proposed change or modification of grade and shall operate as a bar to any claim for damages or any subsequent action looking to the prevention of the work or the recovery of damages on account of the performance of the work to such grade or changed grade.
SECTION HISTORY
Based on Ord. No. 85,500.
Amended by: Ords. Nos. 96,286, 108,857.