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The Director at any stage of the proceedings for any proposed maintenance district prior to action by the Board upon his recommendation that they order the same done, may by order abandon any or all proceedings theretofore had in relation to such proposed district; and the Director may commence said proceedings anew and continue the same from any part of said proceedings not so abandoned. If the Director abandons any or all proceedings after his making an order of recommendation and before action thereon by the Board, he shall cause notice of such fact forthwith to be transmitted to the Board, and the Board shall take no action upon the recommendation in such case.
If the Board pass an ordinance ordering any proposed maintenance district formed pursuant to this Article, it may upon recommendation of Director repeal such ordinance ordering such maintenance district.
The Director, from time to time after he has abandoned any proceedings for any proposed maintenance district pursuant to this Article, may institute and continue proceedings hereunder for the maintenance district theretofore proposed and abandoned, or for such district or modified maintenance district as he may determine the public interest or convenience requires, all in accordance with the procedure prescribed in this Article.
(Amended by Ord. 443-74, App. 9/18/74)
The Board shall thereafter, in each year, prior to the time of fixing the City and County tax rate, estimate the cost of maintaining and operating the said items to be maintained and operated within said maintenance district during the ensuing year. The Board shall decide whether or not the cost of the same shall be borne wholly or partially by the said maintenance district and shall, in addition to all other taxes and assessments, fix annual special assessments for the real property within said maintenance district sufficient to raise an amount of money to cover the entire expense of maintaining said improvements during the ensuing years, or such portion of said amount as the Board shall determine shall be borne by said district, and the Supervisors shall levy a special assessment each year upon the real property in such district, allocated to individual properties within the district according to the benefit formula for that district, in an amount sufficient to pay such entire annual expense, or the portion thereof which must be paid by the district.
(Amended by Ord. 91-81, App. 2/20/81)
The special assessments shall be levied and collected at the same time and in the same manner as the general ad valorem real property tax levy for City and County purposes and when collected shall be paid into the City Treasury to the credit of the fund of the maintenance district and be used for the payment of the expenses of such district. The Board may control and order the expenditure thereof for such purposes.
(Amended by Ord. 91-81, App. 2/20/81)
The Board may determine that the whole or any part of the expense of such maintenance shall be paid by the City and County. If the City and County is to contribute toward the expenses of such maintenance the declaration of intention and ordinance shall so provide. When such provision is made the execution of the contract for maintenance shall create an obligation on the City and County to make the contribution provided for in declaration of intention and Ordinance.
(Amended by Ord. 443-74, App. 9/18/74)
The Board may temporarily transfer moneys to the maintenance district fund from other funds in which such moneys are not immediately needed. The money so transferred shall be used for the purposes provided in this Article and be retransferred from the maintenance district fund out of the first available receipts.
If a district is organized in any year too late for the levy of special assessments in that year or in the next ensuing year, the Supervisors are hereby authorized to transfer funds of the City and County not immediately needed for City and County purposes to the maintenance district fund of the district to be used for the payment of the expenses of such district until such time as special assessment receipts are available therefor. The Board shall include in the levy of special assessments for the district for the first fiscal year in which a special assessment may be levied, a sum sufficient to repay to the City and County the amounts so transferred to the district for the portion or portions of the preceding fiscal year or years for which no levy of special assessments was made for the purpose and the amounts so transferred shall be retransferred to the City Treasury from the maintenance district fund of the district out of the first available receipts from the tax levy.
(Amended by Ord. 91-81, App. 2/20/81)
Nothing in this Article shall be construed as prohibiting the City and County itself from maintaining and operating any or all of the improvements when ordered by the Supervisors and from purchasing the materials and supplies and employing the labor necessary for such purpose.
(Amended by Ord. 443-74, App. 9/18/74)