3.120.090   Hearing.
   At the time and place established in the resolution of intention, the city council shall hear and consider protests filed against the proposed public facilities project(s), the extent of the area to be included within the area of benefit, the amount of the facilities benefit assessment(s) proposed to be levied within the area of benefit, or any or all of the foregoing. The hearing may be continued from time to time. If within the time within which protests may be filed, there is filed with the city clerk a written protest by the owners of more than one-half of the area of the property proposed to be included within the area of benefit, and if protests are not withdrawn so as to reduce the area represented to less than one-half, then the proposed proceedings shall be abandoned unless the protests are overruled by an affirmative vote of four-fifths of the members of the city council. The city council shall not overrule a majority protest unless it finds that the public health, safety or general welfare require that provision be made for the installation of the proposed public facilities project(s). In the event a majority protest is not withdrawn or overruled, as herein provided, the city council shall not, for a period of one year from the date of the decision of the city council on the hearing, commence or carry on any further proceedings for the same public facilities project(s) under the provisions of this chapter. If any majority protest which is not withdrawn or overruled, as herein provided, is directed against only a portion of the public facilities project(s), then all further proceedings under the provisions of this chapter to acquire, construct or improve that portion of the public facilities project(s) so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the public facilities project(s) so protested against. Nothing in this section shall prohibit the city council, within said one-year period, from commencing and carrying on new proceedings for the acquisition, construction or improvement of a portion of the public facilities project(s) so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the public facilities project(s). (Prior code § 39.01.009)