A. Before ordering any acquisitions or improvements or both, or the creation of any district pursuant hereto, where the costs of said acquisitions or improvements, construction, completion, repair, management, reconstruction, administration, maintenance, and/or operation are to be paid in whole or in part by special assessment or other special assessment taxes upon property, the Mayor and Common Council shall find that the public convenience and necessity require such acquisitions, improvements, construction, completion, repair, management, reconstruction, administration, maintenance and/or operation in the manner provided in Section 19, Article XVI of the California Constitution.
B. Preliminary determination of necessity and intention to proceed: A resolution of preliminary determination of necessity and intention to proceed (hereinafter referred to as resolution of intention) shall be adopted describing in general terms, the following:
1. The intention to proceed under this Chapter.
2. The proposed improvements, acquisition, construction, completion, repair, management, reconstruction, administration, maintenance and/or operation involved.
3. The assessment financing alternative to be followed.
4. The assessment benefit procedure to be followed.
5. The estimated costs of such improvements, acquisition, construction, completion, repair, management, reconstruction, administration, maintenance or operation.
6. The amount, based upon the estimated costs, to be assessed against each particular parcel. This requirement may be satisfied by referencing the engineer's report.
7. The maximum number of years such assessment shall be levied.
8. The maximum amount of bonds, if any, to be issued to finance the proposed improvements or acquisitions.
9. Whether any ongoing management, administration, maintenance or operation of the improvement will be required.
10. That such resolution, together with a general description of the proposed improvement and a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement, is on file with the City Clerk and is available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed improvement district.
11. The resolution shall also state the time and place for a hearing by the Mayor and Common Council when and where any and all persons interested may appear and show cause, if any, why the Mayor and Common Council should not find and determine that the public convenience and necessity require the formation of the proposed improvement district and the proposed acquisitions or improvements without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (hereinafter referred to as the "Act"); on the question of the estimated cost, the amount of bonds to be issued, if any, and the intention of the Mayor and Common Council to proceed.
12. The resolution shall also state that at the time and place specified in the resolution that any person interested will be heard; and, for the purpose of determining a majority protest, any holder of title to taxable real property within the proposed improvement district, acting individually or as part of a group, may file a protest. Any such protest must be filed in writing with the City Clerk, and shall include a description of the property in which the signer thereof is interested sufficient to identify the same. If the signers are not shown on the last equalized assessment roll as the owners of such property, such protest must be accompanied by written evidence that such signers are the owners of such property.
C. Notice of hearing. Notice of hearing as set forth in the resolution shall be given as follows:
1. By publishing a copy of the resolution of intention once at least fifteen days prior to the time fixed for the hearing in a newspaper of general circulation published in the City.
2. By posting a notice of the adoption of the resolution of intention on all open streets within the district at not more than three hundred foot intervals, but not less than three in all, on each street so posted, at least fifteen days before the time fixed for the hearing. No proceeding shall be held invalid for failure to post any street if this section has been substantially complied with. If the boundaries of the proposed assessment district include more than one-half square mile in area, posting requirements shall be satisfied by the City Clerk posting such notice conspicuously on or near the main door of the Council Chambers at least five days prior to the time fixed for the hearing. For such districts, no street posting shall be required.
3. By mailing a notice of the adoption of said resolution of intention at least fifteen days before the time fixed for the hearing to each holder of title to taxable real property within the proposed improvement district as such ownership is shown on the last equalized County assessment roll. The notices posted and mailed shall conform to Sections 5193 and 5195 respectively of the Streets and Highways Code. The City Clerk shall cause all the above notices to be given.
4. At least fifteen days before the time fixed for the hearing, the engineer shall record an Assessment District Boundary Map with the County Recorder, said map to conform to the requirements of Streets and Highways Code, Section 3110.
5. The Mayor and Common Council may proceed without notice and hearing if, when considering passage of the resolution of intention, it is determined by at least a four-fifths affirmative vote thereof (as determined in Subsection D) that all of the owners of lots or land liable to be assessed or their bona fide agents, have signed and filled a petition requesting the formation of the district, indicate that they have no objections to the proposed work or work and acquisition, and agree as to the extent of the district to be assessed and waive notice and hearing.
D. Majority protest. The Mayor and Common Council shall set forth in the resolution of intention, the basis by which a determination shall be made whether a majority protest exists; possible bases may include, but shall not be limited to, determination based on land area, assessed valuation of real property, assessed valuation of land only or the number of property owners, or any other suitable determinant. At the time set for hearing protests the Mayor and Common Council shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive. The Mayor and Common Council may adjourn the hearing from time to time. Any such protest may be withdrawn by any owner making the same, either in writing at any time prior to the conclusion of said protest hearing or any adjournment thereof, or orally on the record during a hearing. If the Mayor and Common Council find that the written protests are made by persons who represent more than fifty percent of the property to be assessed for the improvements, as determined on the basis of the determining factor announced in advance, and protests are not withdrawn so as to reduce the same to less than a majority, no further proceedings shall be taken for a period of one year from the date of the decision of the Mayor and Common Council on the hearing, unless the protests are overruled by action of the Mayor and Common Council. Action to overrule a majority protest shall require not less than a four-fifths affirmative vote of the Council members present and voting; for this purpose, five affirmative votes of six voting, or six affirmative votes of seven voting shall be required.
(Ord. MC-349, 3-07-84; Ord. MC-150, 4-07-82)