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A copy of the ordinance shall be mailed at least ten (10) days before the date of hearing protests or objections, postage prepaid, by the City Engineer to each person to whom land in the District is assessed as shown upon the last Equalized County Assessment Roll or as their names appear upon the real property ownership records of the City Engineer’s office, whether owner in fee or having a lien upon, or legal or equitable interest in, any land within the District, whose name and address and a designation of the land in which the person is interested are on file in the office of the City Engineer.
SECTION HISTORY
Based on Ord. No. 129,015.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
The Board shall cause to be conspicuously posted along public streets, if any, within the proposed District, at not more than 300 feet in distance apart, but not less than three in all, copies of the Ordinance of Intention. Said notices shall be headed “Notice of Formation of Open Space Maintenance District” in letters at least one (1) inch in height. The notice shall be posted at least fifteen (15) days prior to the hearing.
SECTION HISTORY
Based on Ord. No. 129,015.
At any time prior to the time set for hearing protests in relation to the proposed formation of the District, any owner of property liable to be assessed for the work may make and file with the City Clerk a written protest stating the owner’s objection thereto. Such protest must contain a description of the property in which the protestant is interested, sufficient to identify the same, and must be delivered to the City Clerk. No other protest shall be considered. The Clerk shall endorse on every such protest the date of its receipt by the Clerk and shall at the time appointed for the hearing present such protest to the Council. Any protest may be withdrawn by the person making it, in writing, at any time prior to the conclusion of the hearing or any adjournment thereof.
SECTION HISTORY
Based on Ord. No. 129,105.
At the hearing all such objections and protests shall be heard and considered. If at the hearing it appears that owners of more than one-half of the area of land included within the proposed District and subject to assessment have made objection in writing to the doing of the things proposed to be done as an entirety, and protests are not withdrawn so as to reduce the same to less than a majority, the Council, by a resolution entered upon its minutes, shall so find. Thereafter the Council shall not proceed further under the Ordinance of Intention, and the proceeding is terminated. If the proceeding is terminated by a majority protest, no subsequent proceeding under this article for the formation of the same, or substantially the same, District shall be commenced within six (6) months thereafter, except upon a petition signed by the owners of a majority in area of the taxable land in the District. If the owners of more than one-half of the area of the property included within the District and subject to assessment have not made written objections or protests to the things proposed to be done as an entirety, the Council may so find orally or otherwise and may proceed with the hearing. The hearing may be continued from time to time by order entered on the minutes.
SECTION HISTORY
Based on Ord. No. 129,015.
At the hearing the Council may by an affirmative vote of four-fifths of its members order changes in the proposed work or the proposed boundaries of the District by the elimination of any portion thereof which will not in its opinion be benefited by the work proposed to be done.
If the Council proposes a change in the boundaries to include additional land in the District, said Council shall adopt a resolution briefly describing the change proposed to be made and giving notice of the time and place when and where any interested person may object to such change. The City Engineer shall mail a copy of a notice of intention to do so to each person described in Section 6.144 hereof included in the area proposed to be added within the time and in the manner set forth in said Section 6.144. The notice shall describe the proposed change and specify the time for hearing objections. The notice shall also be published once in the time and manner provided for in Section 6.143, hereof.
SECTION HISTORY
Based on Ord. No. 129,015.
Amended by: 2nd Para., Ord. No. 181,595, Eff. 4-10-11.
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