Where by previous action the city council has, pursuant to this chapter, designated an area of benefit and established facility benefit assessments for the parcels of property within the area of benefit, other territory may be annexed to the area of benefit in the manner specified in this section.
A. Initiation of Proceedings. Proceedings shall be initiated in the manner specified in Section 3.120.050 of this chapter. In any proceedings under this section, the city manager's report required under Section 3.120.050 of this chapter shall be limited to the territory to be annexed and may, to the extent feasible and appropriate, incorporate by reference any prior reports approved by the city council in proceedings to designate an area of benefit, establish a facilities benefit assessment, or to adjust the assessments pursuant to Section 3.120.140 of this chapter.
B. Resolution of Intention. Upon receipt of the report required under Section 3.120.050 of this chapter, the city council may declare its intention to designate territory to be annexed to the existing area of benefit by adopting a resolution of intention which shall be limited to the territory to be annexed, and which shall, to the extent appropriate, include the information specified in Section 3.120.060 of this chapter.
C. Notice of Hearing. After passage of the resolution of intention, the city clerk shall cause notice of the hearing to be given in accordance with the procedures specified in Section 3.120.070 of this chapter. Notice shall be given only to owners of property within the territory proposed to be annexed to the existing area of benefit.
D. Protests. At any time not later than the close of the public hearing, any owner of property within the territory proposed to be annexed may object to inclusion of the owner's property within the territory to be annexed, or to the facilities benefit assessment(s) proposed to be imposed upon the owner's property. All of the provisions of Section 3.120.080 of this chapter shall apply to such protests.
E. Public Hearing. At the time and place established in the resolution of intention, the city council shall hear and consider protests filed in accordance with subsection D of this section. The procedures specified in Section 3.120.090 of this chapter shall apply to the public hearing, the scope of which shall be limited to the territory proposed to be annexed to the existing area of benefit.
F. Resolution Designating Territory to be Annexed to Existing Area of Benefit. At the conclusion of the hearing, and provided there is no majority protest or a majority protest is overruled, the city council may adopt a resolution ordering designation of the territory to be annexed to the existing area of benefit, and ordering establishment of the amount of the facilities benefit assessment(s) to be imposed upon each parcel of property within the annexed territory. The resolution shall include the information specified in Section 3.120.100 of this chapter.
G. Filing of Map and Recording of Notice of Assessment as Lien. After the adoption by the city council of the resolution specified in subsection F of this section, the city manager shall prepare the file with the city clerk the map specified in Section 3.120.110(A) of this chapter, with respect to the territory annexed to the existing area of benefit. The city clerk shall file the map with the county recorder pursuant to Section 3.120.110(A) of this chapter, and shall execute and record the notice of assessment pursuant to Section 3.120.110(B) of this chapter. The provisions of Section 3.120.110(C) of this chapter, relating to the effect of recordation of the notice of assessment, shall apply to the property within the annexed territory. The provisions of Section 3.120.110(D) of this chapter, relating to subordination of the lien of the assessment, shall apply to the property within the annexed territory.
I. Validity of Existing Facilities Benefit Assessments. In the event that facilities benefit assessments upon property located within the annexed territory are, for any reason, invalidated in a legal action brought for that purpose, the validity of the facilities benefit assessments upon property located within the area of benefit as it existed prior to the annexation proceedings, shall not be affected.
J. Waiver of Proceedings. In annexation proceedings conducted pursuant to this section, if the prior written consent of all of the owners of property within the territory to be annexed to the area of benefit is obtained, the report, notices of hearing, the right of majority protest, and the public hearing may be waived.
K. Adjustment of Existing Facilities Benefit Assessments Following Completion of Annexation Proceedings. Upon completion of annexation proceedings, and levy of facilities benefit assessments upon the property located within the annexed territory, the city manager may, in his or her discretion, adjust through the use of credits the facilities benefit assessments on property located within the area of benefit as it existed prior to the annexation proceedings, and may provide an equitable method for partial reimbursement to the owners of such property who paid the assessment in full prior to the completion of the annexation proceedings. Provided, however, that the city manager shall not be obligated to provide for such credits or reimbursement, as the case may be, if as a result of the annexation or otherwise, further public facilities are required, and such facilities are to be financed in whole or in part through facilities benefit assessments. (Prior code § 39.01.018)