At any time not later than the hour fixed in the Ordinance of Intention for hearing of protests, any owner of property liable to be assessed for the work, except those owners who have waived the hearing of objections as provided in Section 6.182, who objects to (a) the proposed acquisition, work, or improvement; (b) the cost of the acquisition, work, or improvement; (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 protest. Such written protests must be filed with the City Clerk not later than said time and must be in writing and contain a description of the property in which each signer thereof is interested, sufficient to identify the same and if the signers are not shown on the last Equalized Assessment Roll as the owners of such property, such written protest must contain or be accompanied by written evidence that such signers are the owners of such property and in case any signature is made by an agent of the person interested there must be attached to the protest the affidavit of such agent that the agent is duly authorized to sign such protest. Any protests not complying with the foregoing requirements need not be considered by the Council. All such protests shall be delivered to the Clerk and no other protests or objections shall be considered.
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 work and improvement, 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the owners of more than one-half of the area of the property to be assessed for said improvements, and protests are not withdrawn so as to reduce the same to less than a majority, no further proceedings shall be taken and the Council shall be barred for a period of six months from the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 it shall be necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the “owners” of property to be assessed, the Council shall make such determination from the last Equalized Assessment Roll, and written evidence submitted with a written protest and any other evidence received at the hearing. The Council shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive.
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 proposed work or work and acquisition, or the extent of the Assessment District, the Council may by resolution change or modify the work or improvement or acquisition, or may change the boundaries of the Assessment District as hereinafter provided.
SECTION HISTORY
Based on Ord. No. 126,186.