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If for any reason there shall be a deficiency in the funds derived from the annual assessment for any maintenance or improvement ordered pursuant to this article, including all incidental expenses thereof, the Council may meet such deficiency by an appropriation out of the General Fund or may advance such sums, to be repaid out of the proceeds of the annual assessment for the next or ensuing years, as deemed appropriate by the Council.
SECTION HISTORY
Based on Ord. No. 120,015.
Any unexpended balance remaining in the special fund for the maintenance or improvement after the payment of the costs and expenses of the maintenance or improvement for which the assessment was levied shall be credited to the fund to be raised for the next ensuing period of maintenance for such District. Whenever the Council does not order or reorder maintenance as authorized in this article any such unexpended balance may be retained in such fund to be used, until exhausted by the Board, to defray the costs and expenses of maintaining and caring for the Open Spaces benefiting the District for which the annual assessment had been levied.
SECTION HISTORY
Based on Ord. No. 129,015.
The boundaries of any District may be altered, and contiguous or noncontiguous territory may be annexed thereto. The Council may by resolution fix a time and place for hearing upon the question of annexation of such territory to an existing District. The resolution shall describe the boundaries of the territory proposed to be annexed. The Council may by resolution determine that each parcel of territory annexed or to be annexed to a District should pay its proportionate share of the cost of any improvements constructed prior to such annexation. No such parcel may be annexed until the full amount of its contribution has been determined by the Board and paid. All such amounts paid to the City shall be placed in the special fund of the District and may be used for the purposes for which the proceeds from the annual assessments may be used. The date set for the hearing on the proposed annexation shall be at least three (3) weeks from and after the date of the adoption of the resolution setting the hearing.
SECTION HISTORY
Based on Ord. No. 129,015.
The Council shall cause notice of the time, place and purpose of the hearing to be given by written notice mailed to each owner whose name and address appears on the last Equalized Assessment Roll or as their names appear upon the Real Property Ownership Records of the City Engineer’s office and who owns real property within the boundaries of the territory sought to be annexed. The person directed by the Council to mail such notices shall file, upon the completion of the mailing, an affidavit setting forth the time and manner of the compliance with this section. Such notice shall be mailed at least ten (10) days prior to the date set for hearing.
The Council shall also direct the Clerk to publish a notice once in a newspaper of general circulation within the City at least fifteen (15) days before the date set for hearing. The said notice shall state the time and place of the hearing and shall contain a description of the territory proposed to be annexed or in lieu of such description, the boundaries of the territory proposed to be annexed may be shown by means of a diagram. An affidavit of publication shall be filed with the Clerk.
SECTION HISTORY
Based on Ord. No. 129,015.
Amended by: 1st Para., Ord. No. 181,595, Eff. 4-10-11.
At the time fixed for the hearing or to which it may be continued, the Council shall hear and pass upon the proposal and any objections which may be filed to the inclusion of any property within the proposed annexation. The Council, by ordinance entered upon its minutes, may determine that such territory or any part thereof will be benefited by annexation to the District and may order that the boundaries of the District be altered to include such benefited territory.
The Clerk shall endorse the action of the Council on the Assessment Diagram recorded pursuant to Section 6.153 hereof. The lots and parcels of land added to said diagram shall be included in subsequent Assessment Reports by reference to said diagram.
SECTION HISTORY
Based on Ord. No. 129,015.
If, after the formation of a District, the addition of properties to be maintained, and improved as Open Areas by such existing District is proposed, the Council shall adopt a resolution declaring its intention that the cost of maintaining such additional Open Areas shall be borne by the existing District. It shall fix a time and place for a hearing on such resolution, at which hearing any and all persons having any objections to the things proposed to be done may appear and be heard. The resolution shall contain the statement of the estimated annual cost of maintaining such additional Open Areas.
SECTION HISTORY
Based on Ord. No. 129,015.
Notice of the hearing on the resolution shall be mailed at least ten (10) days prior to the hearing to each person to whom land within the existing District is assessed as shown on the last Equalized Assessment Roll or upon the Real Property Ownership Records of the City Engineer’s office, at the person’s address as shown upon such roll or records. At the hearing, the Council shall hear and pass upon any and all protests to the maintaining and improving of such additional Open Areas by the existing District and the Council’s decision shall be final and conclusive. At the conclusion of the hearing, the Council may by resolution, order that the expenses of maintaining and operating such additional Open Areas shall be a charge upon the existing District.
SECTION HISTORY
Based on Ord. No. 129,015.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
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