The city council, by ordinance, may modify the provisions of this chapter and may disestablish the area, after adopting a resolution of intention to such effect. Such resolution shall describe the proposed change or changes, or indicate that it is proposed to disestablish the area, and shall state the time and place of a hearing to be held by the city council to consider the proposed action.
If a majority of the businesses in the area file a petition with the city clerk requesting the council to adopt a resolution of intention to modify or disestablish the area, the council shall adopt such resolution and act upon it as hereinafter provided. Signatures on such petition shall be those of a duly authorized representative of businesses in the area; and the petition shall be filed with the city clerk within six weeks of the date on which the first signature was affixed.
The city clerk shall cause such resolution to be published at least once in the official newspaper for the city, and shall also mail a complete copy thereof, postage prepaid, to each business in the area, or, if it is proposed to enlarge the boundaries of the area, to each business in the area as it is proposed to be enlarged. Such publication and mailing shall be completed at least fifteen (15) days prior to the date of said hearing.
In the event the resolution proposes to modify any of the provisions of this chapter, including changes in the existing charges or in the existing boundaries of the area, such proceedings shall terminate if protest is made by a majority of the businesses in the area, or in the area as it is proposed to be enlarged, provided that the city council may modify the boundaries or charges as specified in Streets and Highways Code Section 26528.
In the event the resolution proposes disestablishment of the area, the city council shall disestablish the area; unless at such hearing, protest against disestablishment is made by a majority of the businesses in the area.
At the hearing, the city council shall hear all protests and receive evidence for and against the proposed action; shall rule upon all protests. The council's determination in this regard shall be final. The council may continue the hearing from time to time. (Prior code § 23.12.907)